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Cotenant threatening to leave.

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Photojunkie90

Junior Member
What is the name of your state (only U.S. law)? Illinois

I'll make this as brief as possible,
Our cotenant's are threatening to leave, if we don't pay more rent. They won't break the lease because we told them if they want to do that, they're paying for it. They've been extremely unco-operative with everything when we're simply trying to reach a compromise around the house as we only have a few months left. We prior to the lease agreement calculated the amount that needs to be paid which ended up being roughly 412.50 each. We all agreed to it. Our primary tenant in this matter has cashed all the checked into his account so we have bank statements showing this amount being cashed every month. If they prematurely leave without paying any sort of fee to break the lease, would we have enough of a case to use this against them with the bank statements and lease agreement?

If you need any more details I'd be more then happy to share them.
 


latigo

Senior Member
What is the name of your state (only U.S. law)? Illinois

I'll make this as brief as possible,
Our cotenant's are threatening to leave, if we don't pay more rent. They won't break the lease because we told them if they want to do that, they're paying for it. They've been extremely unco-operative with everything when we're simply trying to reach a compromise around the house as we only have a few months left. We prior to the lease agreement calculated the amount that needs to be paid which ended up being roughly 412.50 each. We all agreed to it. Our primary tenant in this matter has cashed all the checked into his account so we have bank statements showing this amount being cashed every month. If they prematurely leave without paying any sort of fee to break the lease, would we have enough of a case to use this against them with the bank statements and lease agreement?

If you need any more details I'd be more then happy to share them.
Well, to be really truthful there are more pieces of the puzzle missing than are on the table. (Did you check the box?)

Anyway, you might start by explaining this interesting quandary:

They are "threatening to leave", but ""won't break the lease"? Doesn't that place them in somewhat of a dilemma?

And what would they be breaking? Are they on the lease with the owner or a sublease. Is there anything written binding them to anything. If so, describe it and its terms.

Another really truthful is my suspicion that this arrangement is so loosely (dis)organized that no body but this "primary tenant" (whatever that means) is contractually bound to anything.

But like Alfred E. Neuman I'm all ears.
 

FarmerJ

Senior Member
Did all of you sign a lease as joint tenants ? Your use of primary tenant confuses this and makes it appear to be a sublet where A rented a home/apartment then rented to others bedrooms as sub tenants. If ALL signed one lease as joint tenants then ALL are equally responsible for the lease meaning if one person moves out (breaks the lease) then those who remain are still obligated to pay the full amount of the monthly lease payments and then once they have done this they are free to sue the one who moved out in small claims court for the missing share of rent they had to pay. If they move out and do continue to pay the share of rent they were supposed to then those who remain have not had any financial damage. ( can you find a replacement roommate if this other person does breech the lease by moving out?
 

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