So here's the deal... I have a roommate and I need to leave the province for work. I am 4 months into my year lease and she says kind of being a bitch about things and basically wants me to suffer thru the remaining 8 months... does she have the right to stop me from assigning my portion of the jointly signed lease? I know that the landlord cannot decline your request without reasonable cause, but what's the story with roommates?
Roommate - assignment/sublet question...
- Thread starter BIG CHEEZE
- Start date
Your question's a little confusing. Are you saying your landlord is fine with you subletting, but your roommate isn't because she's worried about your replacement?
If only 8 months left and you pay half (with roommate) that is really equivalent to only 4 months rent
Either way I would just tell landlord you want to break the lease
You have no obligation to roommate
Pay some small penalty to landlord and let roommate sign a new lease on their own
Moving someone in with a roommate can be problematic if sharing living space
Either way I would just tell landlord you want to break the lease
You have no obligation to roommate
Pay some small penalty to landlord and let roommate sign a new lease on their own
Moving someone in with a roommate can be problematic if sharing living space
Landlord cannot unreasonably deny a sublet or assignment of the lease according to the landlord tenant board website... because I'm leaving the area the roommate sees it as a very good situation for her... 2 bedroom place for half price... why would she agree?
Who are signatories on the lease?
If you are the lessee and she is a roommate, you can give her notice to vacate as you share kitchen are etc. Then you can pay your landlord to get out of the lease or to fid a sublet.
If you are co-signatories, that is a little more complicated. Your roommate/co-signatory is not the landlord, and may reasonably interfere with your right to sublet a co-tenancy and impose a stranger on your room mate.
I'm trying to understand how would the remaining roommate hope to be able to enforce against the OP. Generally a perspective of enforcement against a guy who is renting and not even always in the province seems like time wasted unless OP has a very steady job and roommate is aware of it
I think that it depends on the lease. The co-signer might be on the hook for the whole rent if the first one walks away, and so may be motivated to find someone to share.
Ultimately I know im legally responsible to pay my half of the rent, even if I sublet, my question is since we are co-lessors am I bound any differently than someone who was a stand alone renter... ie can I impose a sublet... my full intention is to involve her in the process but I want a reasonable shake when it comes to choosing a replacement.
How much is your half of the rent? What was the relationship between yourself and current co-tenant? How did you come to rent together, especially when you are a guy and she is a woman.
So if I understand correctly both you and your roommate signed the lease? If yes then you are on the hook for your half of the rent for the 8 months (remember you have to give notice that you are terminating the lease at the end of your tenancy, 3 months before end I believe). If you want to assign your share of the lease you can do so with your landlords permission. A landlord would want to check out the credit rating etc. of the new tenant before they agree.
If you didn't have a separate agreement with your co-signer to deal with this type of issue then you unfortunately are at the mercy of the "goodwill" of your co-signer. Best solution would be to see if your co-signer can find someone they would like to share with....and the landlord would approve of. Otherwise....you have a storage locker, aka your apt., for the next 8 months!
If you didn't have a separate agreement with your co-signer to deal with this type of issue then you unfortunately are at the mercy of the "goodwill" of your co-signer. Best solution would be to see if your co-signer can find someone they would like to share with....and the landlord would approve of. Otherwise....you have a storage locker, aka your apt., for the next 8 months!
Morally yes
Not legally
If both people signed lease, and one walks away, landlord can enforce full amount against remaining tenant*
I would be very skeptical lease was signed specifying each tenant pays 50%
If one person signed lease, only the person who signed is responsible regardless of who walks away (but in this case the non-sign can be forced to vacate)
*yes it maybe possible to pursue civil action, but in this case for such a small amount on someone no longer in same province the costs to file & recover amount would be greater than the amount so no way it ever happens
I'm sure you're correct that the landlord's lease did not make each responsible for 50%. I'm willing to bet that it did the opposite — similar to joint tenancy ownership — making each responsible for ensuring 100% was paid, because each was entitled to full use and enjoyment of 100% of the rented premises. The fact that one of the parties chose to move and not to avail themselves of that use and enjoyment is not the landlord's concern. So as long as the OP continues to act honestly and in good faith, notifying the landlord of his new address and intention to honour the terms he agreed to, there should be no dispute there.
The OP's question was about his co-tenant's rights, if he wants out of his deal with her and the landlord: Specifically if he cannot get them to willingly agree to what only he wants. I'd say his only option is to run, covering his tracks as best he can and hoping neither has the money to track him down and make him pay what he owes. While he would have a certain power to force his landlord to accept a sub-lessee if he was the only tenant, he has no such power to force his co-tenant to accept anyone as her roomie, and he must have her agreement before the question even arises of what the landlord thinks. If he'd merely rented a room from her, he could argue she was his landlord and had to accept his sub-let, but he didn't.
He either keeps his word now, welches and runs or commits to the grown-up way of dealing with changed circumstances: Negotiate, persuading everyone to agree even if no one gets everything they want. Offer some of the money he's going west to earn to buy his way out of the three-way deal he agreed to. His roomie might be willing to pay the landlord a bit more, as long as it wasn't the full amount, for the bonus of having the place to herself. It's in no one's interest to pursue him in Small Claims, and even worse for both of them if her lack of funds makes her do a flit. But he'll have to do some smooth talking to persuade them to take a hit at all.
No one twisted his arm to sign that lease.
