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Roommates are refusing to let me out of my portion of the lease can I sue them in small claims court under Kansas law
Manhattan, KS
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Posted about 1 year ago in Landlord / Tenant
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Co-tenant rent issues:
I'm a tenant in an apartment with four other girls. The apartment is only four bedroom and there were originally only four tenants total. In August, however, I agreed to share a bedroom with a friend and we added her to the lease. Although I didn't agree with it, I was forced into a 1/5 rent verbal agreement (by majority rules). I didn't agree with this because my friend and I are sharing a room whereas the other tenants are not, and we have one of the smaller rooms in the apartments. So, we're paying the same amount as the other tenants, but getting less benefit.
Anyways, I would like to move out in January and discussed this with the roommates. They refused to release me from the lease unless I found a subleaser to share the same room I'm in with my friend. Normally, I would be fine with paying rent until I found a subleaser but I worry about finding a subleaser for this room because the space we share is so small. I suggested to the other girls that they work out sharing a room among themselves and open up a whole individual room for a subleaser if they need the money that badly. They refuse. Our lease has 'joint and several liability' on it which means that if I left and didn't pay, the other girls would have to pay if they didn't want to get evicted. If they still wanted their money, however, they could take me to small claims court for breach of contract. I was wondering if I might have a case against them in small claims court under the fact the agreement was only verbal and that the contract could be considered invalid due to lack of 'consideration-in that I was paying the same price as everyone but not receiving equal benefit' and the fact the contract was made under duress on my part. I appreciate any advice I can get. Much thanks in advance. - Is this your question? Add additional information Answers (1)Avvo Staff Moderator
This attorney is licensed in .
Posted about 1 year ago.
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Thanks for using Avvo. I am an Avvo Staff Moderator. To read more about our moderation team, follow the link below. Because Avvo does not yet have a lawyer directory in your state, you may not receive a lawyer response. My goal is to give you some preliminary information and guidance regarding your legal situation while you wait for an attorney in your area to respond.
http://www.avvo.com/attorneys/98101-wa-avvo-moderator-1769851/aboutme.html If the girl sharing your room is stepping into your 1/4 of the lease, the issue is over whether it should continue to be 1/5. It may well not be an enforceable agreement, because, as you point out, there was no consideration. Also, to the extent it is meant to apply for over 1 year, it is likely also not enforceable under the Kansas Statute of Frauds. You may want to talk to legal aid or a local attorney for more info. |