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  #1  
Old 11-06-2009, 10:31 PM
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move-out notice required for fellow tenants?


I'm a renter in the state of Vermont and I have decided to end my tenancy early by moving out several months prior to the end date set by the full term of the lease agreement. I have been given explicit permission by my landlady to move out early as long as I find a subletter or tenant willing to take over the lease for me for the remainder of the lease duration. However, my roommate, who's name is also on said lease for the apartment we share, has claimed that I must legally give my fellow roommates at least 30 days notice before moving out. My roommate has threatened that I have violated the law by deciding to move out of the apartment without giving them at least 30 days notice (I have notified them only 11 days in advance of my move-out date.) The situation has become hostile and I am afraid my roommate will take me to court - do they have any legal ground to stand on? Have I violated the law by only giving my roommate 11 days notice in advance of my move-out date? Or am I legally obligated only to my landlady, who has already given me explicit permission to move out early?

Any advice would be much appreciated! Thank you!
  #2  
Old 11-06-2009, 11:41 PM
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Location: Phoenix, AZ.
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Quote:
Originally Posted by czmj View Post
I'm a renter in the state of Vermont and I have decided to end my tenancy early by moving out several months prior to the end date set by the full term of the lease agreement. I have been given explicit permission by my landlady to move out early as long as I find a subletter or tenant willing to take over the lease for me for the remainder of the lease duration.
Legally, this is not allowed, as ALL SIGNED tenants of said lease must agree to this change in WRITING.

Quote:
Originally Posted by czmj View Post
However, my roommate, who's name is also on said lease for the apartment we share, has claimed that I must legally give my fellow roommates at least 30 days notice before moving out. My roommate has threatened that I have violated the law by deciding to move out of the apartment without giving them at least 30 days notice (I have notified them only 11 days in advance of my move-out date.)
Your roommate is wrong. He/she is confusing the notice for the end of lease termination. There is no statute that states a tenant can legally terminate a lease early and must give all signed tenants 30-days notice. That is unless it is specifically written in your lease.

Quote:
Originally Posted by czmj View Post
The situation has become hostile and I am afraid my roommate will take me to court - do they have any legal ground to stand on? Have I violated the law by only giving my roommate 11 days notice in advance of my move-out date? Or am I legally obligated only to my landlady, who has already given me explicit permission to move out early?
Any advice would be much appreciated! Thank you!
You AND your LL can be sued for illegal breach of contract. Remember, in order for a lease to LEGALLY be changed, ALL SIGNED parties MUST AGREE in WRITING to said change.
You and your LL cannot simply force this change onto your roommate.
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"Alaska landlord" has been permanently banned for providing inaccurate, misleading & potentially dangerous advice. Any of AL's previous posts should be heavily verified by a competent Real Estate Attorney.

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Originally Posted by Number21 View Post
Alaska landlord, please don't reply further to my thread, you'll just turn it into another pissing match.
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Originally Posted by Alaska landlord View Post
As tenants, you have no credibility.
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Originally Posted by Alaska landlord View Post
The landlord should not only be allowed to turn off the water, but he should also be allowed to throw OP into the street.
  #3  
Old 11-06-2009, 11:55 PM
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And, your roommate has to agree to your subletter too. You can't just move any old creep into his place and expect him to accept it. You are responsible to your former roommate for your half of the rent until a replacement tenant is found who is acceptable to ALL parties.
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