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About Sylvia Bergthold
Expertise
I can answer questions dealing with roommate situations including compatability, leases, placing roommate wanted ads, what you have to offer to a roommate, sharing of utilities and other services, interviewing techniques and questions, some legal aspects of housesharing, clearance information, etc.

Experience
I have had roommates in my home for over 32 years and am the author of:
"SORRY, THE BOA HAS GOTTA GO!" A Roommate Survival Guide

Publications
The Los Angeles Times, The HB-FV Independent, The Arizona Tribune, Lansing Michigan Rental Guide, Roommate Locator Newsletter, The Plain Dealer,, Las Vegas Sun, Apartment Lifestyles Magazine, Instyle Magazine, The Whiz.com, Cosmopolitan, Under 25, The Portsmouth Herald

 
   

You are here:  Experts > Education > College Life > Dealing with Roommates > Getting off a lease

Topic: Dealing with Roommates



Expert: Sylvia Bergthold
Date: 11/28/2006
Subject: Getting off a lease

Question
I went to live with a friend while I attended college and due to how the land lord had the house set up all occupants had to sign the lease.  I did not want to sign this because I was unsure of the colleges.  After signing what I feared would happen did take place and I had to move south to finish school elsewhere.  My roommate said she would find a replacement but did not and now refuses to remove me from the lease after I moved and when I send her money pays late and forces me to pay the late fees.  She has gone throw two eviction notices both going on my credit while Im not there.  Im not living there yet I am still paying her for rent, and she will not listen to reason or search for another roommate as she agreed to.   What can I do?

Answer
Hi Steve

Well your first mistake was going to live with a friend.

Second mistake was going against your intuition and signing a lease.

Third mistake was moving in a place where you HAD to sign a lease.  

NOW...It was up to you to HELP her find a replacement roommate BEFORE you left. You left it all up to her which was another major mistake.  Now she is stuck paying the rent.  And since she keeps paying it late, your name is STILL on the lease agreement, your credit rating is now toast.

You should have handled all of this with the landlord, NOT your roommate when she started getting hostile about this whole thing.  Your contract was with the landlord, NOT your roommate.  

Try and get in touch with the landlord, ask him if you can pay a fee to have your name removed off the lease. Explain that your roommate refuses to get a replacement for you and what are your options.  You now live in another state, are in school there and cannot fulfill your contract obligation with the landlord. The law does recognize the doctrine of impossibility as grounds for voiding a contract.  Since it was impossible for you to stay there if you are going to school in a different state, you "should" be able to void your lease.  Also tell him you will NOT pay anymore rent money for a place you no longer occupy.

Hopefully he will release you without a major problem.  Your credit rating is already in the toilet because of your roommate so what else can you do?

Do not send her anymore money either.  And Steve, next time follow your feelings and don't sign ANYTHING.  You need to understand that because of this fiasco, it is going to cost you down the road in higher interest fees for loans, etc.  You "technically" left someone else in charge (your roommates) and she screwed up everything.  Nice friend.  I think I would take her off my Christmas Card List if I were you.

I am sorry I couldn't help you move.

Sincerely
Sylvia Bergthold
www.aroommatesurvivalguide.com

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