Roommate moving out before end of lease - help!

mejulie805

Hi everyone
So my friend and roommate is moving out- 5 months before the lease is up.
I am completely at a loss as to what I can do about this- both our names are on the lease, and the rent is too much for me to pay on my own.

Has anyone had any similar experience with this? Is she liable to pay, does she lose her deposit? If she is leaving, would I have to too?

Any insight would be great

Zulu

Yea same happened me many times, thankfully I've good friends! The arrangement we made was simple - they keep paying rent until we found a replacement. They paid for the ad on daft, and we screened the applicants. I don't think we ever had a problem getting it sorted in less than a month (ie: I don't ever remember someone having to pay more rent than their months notice). The new tenant gives your friend their deposit, so your mate get's her deposit back.

Everyone is friends so it shouldn't be a big issue.

Now if your friend is only a "friend", that could be problematic.

2Scoops

As both names are on the lease, your friend will remain liable for half the rent, so don't pay the whole rent on your own. Your friend can sublet her room (if allowed by the lease) if she doesn't want to pay. And it shouldn't affect your deposit. Tell your landlord what's going on and if he tries to pressure you for the full rent or keep the deposit, get straight on to PRTB. The other thing you can do is both of you leave and ask the landlord to look for new tenants, but you will be liable for the rent until new tenants are found.

mejulie805

Thanks for the help.

I absolutely do not want to move myself- from being in college and everything, I have moved 9 TIMES in 5 years! The next time I move, it will be into a house that I own!

Thanks Zulu- thats a good one about having them pay for the ad. Unfortunately, they seem to be more interested in where they are going next instead of what mess they are leaving behind! I really want to get onto the landlord to discuss this properly, but they wont, and I dont want to do it for them!

jd

2Scoops wrote: »

Tell your landlord what's going on and if he tries to pressure you for the full rent or keep the deposit, get straight on to PRTB.

Legally, both lessees may be joint and severally liable for the rent. Apartments/Flats/Houses are normally rented out as a unit.

sunnysoutheast

2Scoops wrote: »

As both names are on the lease, your friend will remain liable for half the rent, so don't pay the whole rent on your own. Your friend can sublet her room (if allowed by the lease) if she doesn't want to pay. And it shouldn't affect your deposit. Tell your landlord what's going on and if he tries to pressure you for the full rent or keep the deposit, get straight on to PRTB. The other thing you can do is both of you leave and ask the landlord to look for new tenants, but you will be liable for the rent until new tenants are found.

I'd expect the tenants are jointly and severally responsible for the rent if the property is leased as a unit.

The PRTB will not help here as it's the tenants who are breaking the terms of the lease.

odds_on

If you have a fixed term lease, she cannot legally just up and leave, even if she gives notice which would be invalid with a fixed term lease.

Your "friend" should get permission from the landlord to assign her part of the lease (there is usually a clause in the lease to that effect, however it is also a part of the residential tenancies Act which provides a get out of lease for tenants - landlords do not have that option). She is responsible for finding the replacement and the costs incurred. She is liable for the rent until a replacement is found but getting the money out of someone who has left is not always easy.

As another poster has pointed out, you are both "jointly and severally" liable for the rent - i.e. the landlord can look for the rent from either or both tenants, which ever is easier for him. Don't forget about the utilities!

Make sure that she does not get her deposit back. Any messages/ agreements/complaints/proposals should always be in writing (dated and keep a copy in case there is a problem later on.

quietsailor

2Scoops wrote: »

As both names are on the lease, your friend will remain liable for half the rent, so don't pay the whole rent on your own. Your friend can sublet her room (if allowed by the lease) if she doesn't want to pay. And it shouldn't affect your deposit. Tell your landlord what's going on and if he tries to pressure you for the full rent or keep the deposit, get straight on to PRTB. The other thing you can do is both of you leave and ask the landlord to look for new tenants, but you will be liable for the rent until new tenants are found.

That's stupid advice, if they signed a joint lease the remaining tenant could be liable for the total rent. In that case the PRTB will find against the tenant and order them to pay outstanding rent plus whatever costs the LL has.

2Scoops

sunnysoutheast wrote: »

I'd expect the tenants are jointly and severally responsible for the rent if the property is leased as a unit.

Oops! Sorry for the bad advice OP.