How do I take over a lease from main tenant

Asked 10 months ago - Gainesville, FL

I am a responsible room mate, not on main lease, but would like to take over the lease from main tenant and replace her. I pay for occupancy of room and common areas yet she restricts my movement to the room and kitchen dictating every aspect of my life. I am the only one taking place of the place. I would like to convince the landlord that I would make a better tenant and select a respectable, principled room mate to share with me. How can I do this?

Attorney answers (3)

  1. Edward J. Fucillo

    Contributor Level 17

    3

    Lawyers agree

    Answered . If what you say is true, just present the same facts to the landlord and see if he or she is agreeable. A caveat is that it would also require the landlord to terminate your roommate's lease which may or may not be possible. If sufficient grounds exist and your roommate is not in compliance with the lease or other statutory duties, your landlord may, if desired, be able to terminate the lease.

    Alternatively, if you are a subtenant and are renting month-to-month with no specific term, you might just look for another property.

    The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you... more
  2. Mark Theodore Tischhauser

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Unless you believe that the landlord has control over your roommate, your proposition is likely to cause more trouble than its worth. You describe a personal interaction conflict and this is never resolved by spouting off legal rights. If your roommate sucks,move out and go some place else. If she gets evicted by LL and you want to rent when she leaves, god bless.

  3. Brian C Palumbo

    Contributor Level 5

    1

    Lawyer agrees

    Answered . I agree with my colleagues above. The current lease is a legal document between your roommate and the landlord. You and the landlord can not unilaterally alter that lease agreement. All of the parties consent would be required to make any changes to the current arrangement. A more practicable approach would be no find a new suitable living situation for yourself.

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