My roommate told me on May 1, 2012 that she will be moving out and vacating the premises on July 1, 2012 due to an unexpected pregnancy. She is on the lease until Dec 1, 2012. She believes that between May 1- July 1, that will give me enough time to find a replacement to take over the remainder of the lease. However, she is leaving this up to me to take care with minimal help. She has given her word that she will be out and pay for any utilities and rent fees until July 1 and that is it. I have written documentation that she is responsible for any rental fees until December 2012. Shouldn't this written agreement trump any verbal agreement?
Contracts / Agreements Lawyer
I am assuming that you have an agreement with the landlord, and you are essentially charging your room mate for part of the rent and they pay it directly to you. If this is correct, you are still going to be liable to the landlord for the full amount of the rent under the terms of the lease. From what you are stating, there really is no verbal agreement, but simply the written agreement which is a binding contract. While the written agreement may be binding, if the facts are as I assume, at best you can try to sue your roommate, but you will still be directly liable to the landlord.If both of you are on the lease, you are most likely both liable for the entire sum of rent due under the lease. Therefore, the landlord can demand full payment. I would recommend having an attorney review the terms of the lease to see if there is any possible defense to liability.Best of Luck.
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The Lease will govern the relationship between the landlord and tenant. If you both signed the lease, then you are both responsible for the rent. If she does not pay her portion, then you will need to pay it for her to avoid an eviction. You can pursue her for what you paid, but I would talk to the landlord before bringing in another tenant to replace your current roomate because your landlord may want to enter into a new lease with the new tenant.
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