Flatmate broke lease, where do I stand?

py2006

Hi all,

I'm currently on a lease of 12 months with a flatmate. It is due to end in a few months. However, flatmate has given a months notice to the landlord but has effectively all ready moved out. Just has to collect a few things.

I rang landlord explaining my obvious dissapointment and asked what the situation was regarding next month. I explained that I couldn't afford to pay full rent only my own half. He asked me did I know anybody who would move in and I don't. So he just said it would be easier for him to rent out the entire apartment. i.e He wants me out but not kicking me out!

The lease is in both names and for full amount. So technically I would be responsible for full rent should I choose to stay!

I am not sure where I stand here. He was very vague about my deposit aswell.

Please advise!

Cookie_Monster

force flatmate to pay remaining rent to the end of the year

py2006

Cookie_Monster wrote: »

force flatmate to pay remaining rent to the end of the year

I don't see how I could do this. His half of the rent was issued to landlord via standing order which he will simply cancel!

D3PO

if your flatmate also signed the lease you are jointly responsible for it.

I.e your flatmate will have to continue paying or find somebody to sublet.

In fairness to the landlord hes been pretty reasonable about this, sounds like he will allow you out of the lease if you move out. If you dont want to well you need to sort it with the flatmate or pay up yourself.

D3PO

py2006 wrote: »

I don't see how I could do this. His half of the rent was issued to landlord via standing order which he will simply cancel!

you could sue him, however thats probably not practical as that wont happen immediatly so you would need to cover all the rent until the case was heard

py2006

D3PO wrote: »

you could sue him, however thats probably not practical as that wont happen immediatly so you would need to cover all the rent until the case was heard

Ok, I am a bit inexperienced with all this! So if I can't get somebody to replace him I either pay full amount or leave! And landlord keeps my deposit if he wishes?

D3PO

py2006 wrote: »

Ok, I am a bit inexperienced with all this! So if I can't get somebody to replace him I either pay full amount or leave! And landlord keeps my deposit if he wishes?

yep thats pretty much the crux of it.

I dont want to sound unsympathetic but thats why you need to make sure if your signing a joint lease that you can fully trust the person your signing with to abide by the terms.

John_Mc

If he's keeping your deposit, and the place is in the same condition as when you moved in, I wouldnt pay the last months rent.

Cue the landlords on here jumping on me for saying that but that's how I'd handle it

py2006

John_Mc wrote: »

If he's keeping your deposit, and the place is in the same condition as when you moved in, I wouldnt pay the last months rent.

Cue the landlords on here jumping on me for saying that but that's how I'd handle it

Well this is the last month so I paid my rent on Feb 1st

D3PO

John_Mc wrote: »

If he's keeping your deposit, and the place is in the same condition as when you moved in, I wouldnt pay the last months rent.

Cue the landlords on here jumping on me for saying that but that's how I'd handle it

Im not a landlord but I think your attitude stinks. The landlord has a legal right to sue the OP and his flatmate for ALL the remaining rent yet it appears is happy to let them leave on a months notice with the only penalty being forfiture of the deposit.

The landlord is being more than reasonable yet you think its right to suggest you screw him ?

If I were ever a landlord and somebody did that out of spite Id bleed them for every penny via the courts

John_Mc

D3PO wrote: »

Im not a landlord but I think your attitude stinks. The landlord has a legal right to sue the OP and his flatmate for ALL the remaining rent yet it appears is happy to let them leave on a months notice with the only penalty being forfiture of the deposit.

The landlord is being more than reasonable yet you think its right to suggest you screw him ?

If I were ever a landlord and somebody did that out of spite Id bleed them for every penny via the courts

The person has lost their job, through no fault of their own, and now you expect them to shoulder the cost of the deposit and call it reasonable? I could call it many things but reasonable is not one of them .:rolleyes:

py2006

D3PO wrote: »

yep thats pretty much the crux of it.

I dont want to sound unsympathetic but thats why you need to make sure if your signing a joint lease that you can fully trust the person your signing with to abide by the terms.

Thanks for your advice! Looks like I have been screwed over by a mate!

Kess73

Is the landlord keeping your flatmate's deposit as well, or is the landlord giving the flatmate the deposit back?

If the landlord returns the deposit of one tenant and not that of the other, then I imagine the OP would have a case.


I guess a lot would depend on the terms of the lease that all parties signed, but if each tenant signed for an equal responsibility of the lease, surely the one leaving would be the one that would have to pay out the remainder of their share of the lease to the landlord?

Otherwise it seems that the tenant that has not broken the lease and who has paid their share of that lease already this month is being punished.

D3PO

John_Mc wrote: »

The person has lost their job, through no fault of their own, and now you expect them to shoulder the cost of the deposit and call it reasonable? I could call it many things but reasonable is not one of them .:rolleyes:

firstly were are you getting that from there no mention of anybody losing there job ???

and besides which thats still not the landlords fault if it were the case. Banks dont forgive contracts when you lose your job either do any other business.

what makes landlords different to any other business ??

D3PO

Kess73 wrote: »

Is the landlord keeping your flatmate's deposit as well, or is the landlord giving the flatmate the deposit back?

If the landlord returns the deposit of one tenant and not that of the other, then I imagine the OP would have a case.


I guess I lot would depend on the terms of the lease that all parties signed, but if each tenant signed for an equal responsibility to the lease, surely the one leaving would be the one that would have to pay out the remainder of their share of the lease to the landlord?

Otherwise it seems that the tenant that has not broken the lease and who has paid their share of that lease already this month is being punished.

some good points here. Im assuming the tennant moving out is also having the deposit kept. If not then the landlord will ahve to return the OP's deposit also as they cannot differentiate between the co signees

re your second point the tennant leaving would have to pay their share however unless the lease specifices the individual breakdown of the rent per signee then they are both responsible for it in its entirety. So like I said the OP would be able to sue the other tennant to get the money but whats he going to do in the meantime ... yes hes going to have to cover all the rent

py2006

Kess73 wrote: »

Is the landlord keeping your flatmate's deposit as well, or is the landlord giving the flatmate the deposit back?

If the landlord returns the deposit of one tenant and not that of the other, then I imagine the OP would have a case.


I guess a lot would depend on the terms of the lease that all parties signed, but if each tenant signed for an equal responsibility of the lease, surely the one leaving would be the one that would have to pay out the remainder of their share of the lease to the landlord?

Otherwise it seems that the tenant that has not broken the lease and who has paid their share of that lease already this month is being punished.

I have no idea of the landlords intention with regards to flatmates deposit! I hope he doesn't give it back because this guy was a complete nightmare from the start.

py2006

Not that I would go down this route! But am I right in saying that either myself or the landlord could actually sue this idiot?

As far as I can make out the lease is for full rent with both signatures on it!

D3PO

py2006 wrote: »

I have no idea of the landlords intention with regards to flatmates deposit! I hope he doesn't give it back because this guy was a complete nightmare from the start.

well you should find out !!! If the landlord returns his deposit then he must also return yours.

py2006

I would probably be told its none of my business! Anyway, for all I know the flatmate gave months notice, didn't pay rent but just told landlord to keep deposit instead!

D3PO

py2006 wrote: »

Not that I would go down this route! But am I right in saying that either myself or the landlord could actually sue this idiot?

As far as I can make out the lease is for full rent with both signatures on it!

well you could sue him, the landlord would actually sue both of you.

Im not in the legal business but I would assume if you paid your half and the landlord came after both of you then if you could prove in court that you have paid your share that your most likely to have only a judgement against your "friend" but then again I dont know a judgement could go against both of you.

I think your best bet is to find out whats happened with your co signees deposit and work from there, but I do think you should be prepared to walk away at the end of the month and take this as a learning experience ( a costly one I agree but thems the breaks)

D3PO

py2006 wrote: »

I would probably be told its none of my business! Anyway, for all I know the flatmate gave months notice, didn't pay rent but just told landlord to keep deposit instead!

The guy has already screwed you over the least he could do is show a bit of decency in terms of letting you know what to expect with your deposit.

If hes that much of a Ass your well rid. Id count the loss of my deposit a cheap lesson, who needs friends like him ?

py2006

D3PO wrote: »

The guy has already screwed you over the least he could do is show a bit of decency in terms of letting you know what to expect with your deposit.

If hes that much of a Ass your well rid. Id count the loss of my deposit a cheap lesson, who needs friends like him ?

Oh your right, this situation is only the icing on the cake! I have lots of issues with this guy! From cleaning to bills to now this! Can't wait to finally see him hand over his key! While I am maintaining a friendly persona around this guy its purely to keep the peace while he is here! Once gone I will have nothing to do with him! which will be kind of difficult as we have mutual friends! :rolleyes:

py2006

Looks like this guy is getting his deposit back! Total injustice but at least that should mean I get mine back!

Cathmandooo

Have you asked your landlord out straight if you're getting your deposit back?

That has to be your first port of call so you know where you stand. If your landlord has no problem returning the deposit upon inspection of the proeprty then I'd chalk it down to a bad experience with your housemate and go find somewhere else to live. It's a tenants market out there, you'll easily find somewhere else, haggle the rent down.

Your landlord sounds very reasonable. Communicate with him properly and you could make it all go very smoothly.

D3PO

well thats good news for you if hes getting his deposit back then you are entitled to yours back aswell.

I tell you your landlord is a saint compared to whats out there by the sounds of things.

py2006

Cathooo wrote: »

Have you asked your landlord out straight if you're getting your deposit back?

That has to be your first port of call so you know where you stand. If your landlord has no problem returning the deposit upon inspection of the proeprty then I'd chalk it down to a bad experience with your housemate and go find somewhere else to live. It's a tenants market out there, you'll easily find somewhere else, haggle the rent down.

Your landlord sounds very reasonable. Communicate with him properly and you could make it all go very smoothly.

Yea the landlord arrived yesterday wanting to see apartment. He was happy with what he saw but flatmate never showed up and his bedroom door was locked from outside so landlord will have to come back again.

py2006

D3PO wrote: »

well thats good news for you if hes getting his deposit back then you are entitled to yours back aswell.

I tell you your landlord is a saint compared to whats out there by the sounds of things.

Yea he seems decent enough, he over the apartment to me at a slightly lower rate but it would be too much for me on my own!

Cathmandooo

You seem in the clear then! If you paid individual deposits then there's no reason why you wouldnt get yours back now.

Seems like a decent landlord, shame you cant stay for the lower rent.

Maybe advertise the place for a houseshare? Plenty of people live with strangers, you could keep your distance when it's not a mate.

py2006

Cathooo wrote: »

You seem in the clear then! If you paid individual deposits then there's no reason why you wouldnt get yours back now.

Seems like a decent landlord, shame you cant stay for the lower rent.

Maybe advertise the place for a houseshare? Plenty of people live with strangers, you could keep your distance when it's not a mate.

Yea well that is an option, I would be a bit anxious about that one though! But I suppose it can't be any worse than my "friend" :rolleyes: