Roomate gone but still on lease in Texas

[txdoll]

I live in Texas and currently have an apt. lease with two other people. Before we moved in the three of us had an oral agreement of the terms of living together. One roomate broke our oral agreement several times therefore the two of us asked him to leave which he did. However, he is still on our lease which ends in a week and if we renew he will be on the new lease. The apt. people said the only way we can eliminate him from our lease is for him to come in or for us to move. I don't think he will come in and we don't think we should have to move. If we filled out another application and got approved couldn't we get the same apartment. If not what can I do to get him off the lease and keep my apartment?
PLEASE HELP!
Frustrated in Texas,
Angel

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by txdoll:
I live in Texas and currently have an apt. lease with two other people. Before we moved in the three of us had an oral agreement of the terms of living together. One roomate broke our oral agreement several times therefore the two of us asked him to leave which he did. However, he is still on our lease which ends in a week and if we renew he will be on the new lease. The apt. people said the only way we can eliminate him from our lease is for him to come in or for us to move. I don't think he will come in and we don't think we should have to move. If we filled out another application and got approved couldn't we get the same apartment. If not what can I do to get him off the lease and keep my apartment?
PLEASE HELP!
Frustrated in Texas,
Angel <HR></BLOCKQUOTE>

I can see no logic in their request as long as the 2 of you could qualify on your own. Why would he need to come in to get taken off the lease? Try to get a hold of him and discuss this with him. Maybe he can fax a letter or email confirming that he does not wish to renew the lease. If you can not locate him, tell the people that he can no longer be located and to write the lease in just your 2 names.
It's time to turn over a new lease.

 

[txdoll]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by txdoll:
I live in Texas and currently have an apt. lease with two other people. Before we moved in the three of us had an oral agreement of the terms of living together. One roomate broke our oral agreement several times therefore the two of us asked him to leave which he did. However, he is still on our lease which ends in a week and if we renew he will be on the new lease. The apt. people said the only way we can eliminate him from our lease is for him to come in or for us to move. I don't think he will come in and we don't think we should have to move. If we filled out another application and got approved couldn't we get the same apartment. If not what can I do to get him off the lease and keep my apartment?
PLEASE HELP!
Frustrated in Texas,
Angel <HR></BLOCKQUOTE>
I tried your suggestions of contacting him but he is a member of the pit of society. The complex is standing firm in making me move apartments if I don't want his name on the lease. Is there a law that I can use to support me? Or something I can do that you know of like calling a government agency or anything to help me keep my apartment without fear of an unwanted entry?

 

[Tracey]

What have the managers been smoking?? If the guy isn't there to sign the new lease, he's not on it. Period. The only exception to this rule is if the lease automatically renews if you don't give notice of intent not to renew 60 days before the end of the year.

SO, if the managers are saying that they can't eliminate the guy from the lease because the law says so, they are flat out wrong. However, if they are saying that they won't renew the lease unless he's on it, that's their right. This is not special LT law; it's basic contract law. People who don't sign contracts are not bound by them.

Frankly, since you and your roommie have obviously had no trouble covering the rent for the last x months, L should have no problem renting ot you only. The only problem I see is the security deposit. Last year's s.d. was paid by all 3 of you. If the 3d guy doen't sign the new lease, L has to refund the old deposit (to 3 people) & collect a new one from the 2 remaining tenants. Offer to let L do an inspection now to see if there's any damage, and to "fix" the condition of the apt so that L knows whether to go after 2 or 3 tenants for damages. You will further have to agree to indemnify L for any damages L doesn't catch in the inspection. This way, you 2 are liable for damages regardless of when they occurred. However, L will have to send R3 a statement of deductions/refund. I hope your lease specified who paid how much, or that you can find R3 to get him to endorse the check so you can cash it.

Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.