Roommate breaking the lease

[BellaRose]

I live in Houston, Texas. I moved into an apartment on December 15, 2008 with my boyfriend and a friend of ours. We signed a 1 year lease with our friend signing as head of household. Well, July 23 he came to us telling us that we have 2 weeks to find a new roommate because he was going out of town on a 2 year job. When we told him that we had a problem with this because it's such short notice he told us that he would just move out the following day (July 24, 2009). We told him that as long as his name is on the lease we expect him to continue to pay his part of the rent. He hasn't paid 1 cent since he left. Today (September 2, 2009) he sent me a text message telling us not to pay rent this month because he broke the lease and we have until September 6, 2009 to vacate the apartment. My question is can he do this?? 3 people signed the lease and we have paid rent on time every month since we moved in. Doesn't the apartment complex have to have everyones consent? Finally, if we take him to court will he have to pay the back rent from after he moved out?

 

[Gail_in_Georgia]

Yes; all parties who signed the lease must agree to "breaking" this lease. He can't simply break the lease for everyone involved.

If you have been paying his share of the rent you can always consider taking him to court and suing him for this.

Gail

 

[BellaRose]

I went to the apartment manager a few minutes ago and he made it sound like there was nothing he could do. Is any of this legal?! I told him that my roommate hasn't been living there since July and I've been the one paying all the rent and utilities. I also let him know that no one agreed to break the lease. What am I supposed to do?

 

[Gail_in_Georgia]

Ask to have all parties (management, you, your boyfriend and this..I'm assuming now ex..friend) sign a form terminating the lease agreement. If you wish to remain there, decide whether you and your boyfriend can afford the rent/utilities by yourself. If you cannot, find another roommate. Make sure everyone signs the lease.

When all the lease legalities are complete, THEN consider suing the ex-friend for his portion of the rent and utilities.

Gail

 

[BellaRose]

I just got back from speaking with the apartment manager and he told me that in order for the lease to be put in our name we will have to pay another $200 deposit because the original deposit will be given back to the ex roommate. My boyfriend was the one who paid the deposit and I showed him the bank statement to prove that. The apartment manager also said that we will be financially responsible for any damages to the apartment. Will the deposit as well as the damages be something we will just have to pay and go after him in court for?

 

[Gail_in_Georgia]

If the security deposit is returned to the former roommate, yes.

Did the guy do any damage to the rental unit while he was there? If so, have the manager do a walk through to document this prior to you signing the lease.

If he did the damage, the cost to repair this should be taken out of his security deposit before it is returned to him.

The problem is, with the three of you living there (and if there is damage) there may be no way to determine who caused what. If (for example) he did damage in his bedroom then document this and take pictures.

If, at your move out, management charges you for these damages, you would need to sue him to recoup these.

Gail