three people on lease, one is leaving before lease ends...?

[EvidentUtensil]

Two months ago, myself and two other people signed a one-year lease. All three of us are on the lease and we pay prices proportional to the size of our rooms. On Monday, one of the tenants told us that they would be leaving the apartment at the end of this month and that they had already told the landlord (and had found a new place and had even started moving things out). This came as news to myself and the other roommate, and we have not received anything either in writing (or by any other means) from the person leaving or from the landlord.

At any rate, the other two of us don't want to be held financially responsible for the entire apartment if the tenant in question bolts on 10/31. The tenant said they'd help find a new roommate, but myself and the other person living here want to take care of that on our own, if they're actually leaving. The tenant that's leaving wants to show the apartment and bring someone to the landlord independent of myself and the other roommate, and sign the new person onto our existing lease agreement without our knowledge. From my own dealings with the landlord early on, it's certainly a possibility (he's very hands off as long as he sees money on the first of the month). Furthermore, neither of us are welcome in this person's room to show the apartment to a new prospective tenant.

Anyway, we have 20 days to find a new person. We both feels it's extremely unreasonable for us to take this on, and, of course, we don't want to lose the apartment, risk evicition, or risk any legal action taken against us because one person on the lease decided they want to pack up and leave with very short notice.

There are 10 months left on the lease. Is there anything we can do so this person's share of the rent continues per the initial lease agreement? Can the landlord do anything to the two of us if we simply put in our share and the other tenant bolts on 10/31?

Thanks!

[TenantNet]

Is there one lease or three? Did you all sign one lease at the same time? In the fine print is there any mention of "joint and several" or anything like that?

Depending on how the lease was constructed, neither the tenant who is leaving or the LL can sign on a new person without the OK of the other signatories to the lease. The old tenant might be able to bring in a sublet or roommate, but that person would not be on the lease.

[EvidentUtensil]

There's one lease that we all signed at the same time. It does say joint and several (as being responsible for the rent), so yes.

The tenant that's leaving told us tonight that they're coming off the lease and that it would be the obligation of both myself and the other roommate to agree to sublet the room so this person's hands would be completely clean of having lived here for the past two months. I tried not to push it, but I told the person that until someone new was found, the other two of us shouldn't be held responsible for this person's share of the rent. The response was to take it up with the landlord who had already squared away the issue and decided to take them off the lease. I thought the lease was a contract that we all entered into (and I believe it even says this) and none of us could simply decide to walk away from.

At any rate, the tenant that's leaving already posted the room to craigslist (which neither of the two of us still living here are happy with) because, truthfully, to avoid this from happening again, and by the very fact that we're going to be living here after this other person leaves, we want to make sure we do our part to find the best possible match. We just don't know if that's going to be possible in 20 days.

[TenantNet]

You are absolutely correct. Neither the third tenant nor the LL can "come off the lease" or "square off the issue" without the consent of all parties. In effect, that would require a superseding lease or some written instrument agreed to by all parties.

Look up "joint and several." That means the LL can come after all or any one he prefers to collect the rent, including the third tenant for any rent due even if he/she moved out many months ago.

There are ways to handle this sort of situation, but the tenant appears to be taking the wrong path. If a new person cam in, that person would either be a roommate (which you would have to agree to by giving a revocable license) or a new co-tenant. If the latter, all parties must agree and a new lease would be signed.

If a person shows up from Craig's List, I would just explain that it was a mistake (unless you're OK with it). You might wish to see if Craig's List has a policy to remove bogus postings.

If I were in your situation, I would send a certified letter to the third tenant and to the LL explaining the situation, that you have certain rights and that you don't agree to the manner in which it's being handled and the ongoing efforts via Craig's List.

In the end, you and the other tenant who is staying have rights to secure your own roommate (who would be a roommate, not a tenant). There is no sublet as that implies all three are gone temporarily, which is not the case. The LL might have certain rights as well, but the LL can't approve or deny a roommate (although you can). The LL's right is to the rent. Now if the third tenant leaves and you are still there, I can guarantee the LL will hold you and the other remaining tenant responsible for the rent.

[EvidentUtensil]

The person leaving the apartment just dropped off two letters to me (and only me, and obviously not in the form of anything certified; in fact, they were dropped off to me at work).

Letter #1:

Tenants [name 1] and [name 2] residing at [address] may sublease the master bedroom in the apartment beginning November 1, 2008 until the end of the term of their lease.

[Landlord's Signature]


Letter #2:

As of [date], tenant [name of person leaving] will be released from the lease for [address]. This person will not be financially responsible for any part of the apartment after that date.

[Leaving Tenant's Signature]
[Landlord's Signature]


(by the way, both letters are dated 10/16/08)

[TenantNet]

Not sure what the first letter means -- maybe the leaving tenant is giving you permission to find a roommate. On one hand if the person legitimately is released from the lease, then you don't need permission to bring in a tenant.

On the second letter, the LL may be stating that he will not go after the leaving tenant (that's what joint and several are for), but if the original lease provided that all are responsible (and I would check with a lawyer on this), YOU are not releasing the tenant. That means you could come after the leaving tenant for the obligation. That the LL will not go after the tenant is probably irrelevant. While the LL may require that the full rent be paid by the remaining tenants, you can go after the leaving tenant.

OTOH, you can negotiate with the leaving tenant and arrive at a suitable agreement. As for now, the letters are just one sided and don't represent your agreeing to anything.

[EvidentUtensil]

The first letter is signed by the landlord (but it's nothing either of us requested). It's permission for us to sublease, but like you said, it's not permission we need.

Would it be unreasonable to suggest to the landlord that, because we have literally two weeks and we're doing everything in our power to fill the space with someone we both agree to, that the leaving tenant's security deposit go toward Novemember rent - if we're stuck - and that we promise to have someone new in place by 12/1 (giving us six weeks instead of two) and that that person would pay the same security deposit so no money is lost?

I would think the landlord would want to stick on the side of those tenants that have been paying consistently, and on time, and will continue living at the apartment through the duration of the lease (if not for much longer, ideally).

[TenantNet]

Did all three tenants contribute equally to the deposit and give it to the LL in one lump sum? Seems to me the LL is not allowed to give the leaving tenant that part of the deposit ... and then later asking you to put in more.

[EvidentUtensil]

We gave three separate checks (the amount each of us pay monthly, so it wasn't equal) which, together, make up one month's rent.

[TenantNet]

Does the lease treat the rent and deposit as one (combined) amount, and rent the premises as one unit?

[EvidentUtensil]

Yes to both.

[EvidentUtensil]

We're really trying. We showed the place to someone yesterday and had three appointments lined up (with two no-shows). I'm going to be working all this coming week, very late nights, and all next weekend, so I won't be around the apartment to show it to prospective tenants (unless it's, say, in the middle of the night).

What happens if that room goes vacant on 11/1 and we put in our normal shares toward the full rent? We really can't afford to cover the third person's space...

[TenantNet]

The LL expects the full rent. Unless you have a viable defense for non-payment, all three of you owe it.

My feeling is that you can go after the tenant who left.