Subleaser has not paid May rent. Please help!

[parkerreid23]

So me and my roommate sublet our whole apartment and moved out. The current person who is subleasing for us has their name on the lease along with ours. She has paid every month since the first day she moved in three months ago but has not been able to afford rent for the month of May. Is there any way we can talk to our landlord about the situation and get our names taken off the lease while leaving her name on it. If there are any suggestions on how to get out of this mess, please let me know.

 

[Zigner]

So me and my roommate sublet our whole apartment and moved out. The current person who is subleasing for us has their name on the lease along with ours. She has paid every month since the first day she moved in three months ago but has not been able to afford rent for the month of May. Is there any way we can talk to our landlord about the situation and get our names taken off the lease while leaving her name on it. If there are any suggestions on how to get out of this mess, please let me know.

What US state?

 

[parkerreid23]

What US state?

In Texas

 

[STEPHAN]

Why did you not get your names removed when you moved out?

 

[Zigner]

You can talk to the landlord, but absent an agreement from ALL the tenants, the landlord can't just unilaterally remove you. Think about it further, though. Why would the landlord want to remove you from the lease? As it stands now, he can sue you as well as the tenant. The landlord is in a much better position to collect the unpaid rent while you remain on the lease.

 

[parkerreid23]

You can talk to the landlord, but absent an agreement from ALL the tenants, the landlord can't just unilaterally remove you. Think about it further, though. Why would the landlord want to remove you from the lease? As it stands now, he can sue you as well as the tenant. The landlord is in a much better position to collect the unpaid rent while you remain on the lease.

What if we pay this months rent and get our names off the lease before next month (which is the last month of the lease and is prorated)

 

[Zigner]

What if we pay this months rent and get our names off the lease before next month (which is the last month of the lease and is prorated)

Have you TALKED to the landlord about this? We can spitball this all day long, but the bottom line is that you will need to communicate with the landlord and negotiate a solution. Heck, if s/he's a nice gal/guy, you might get out of this with just an agreement from the landlord not to pursue you for this at all.

 

[parkerreid23]

We haven't talked with the landlord yet. I do not live in that city anymore so my former roommate is going to go talk to them. What sort of agreement would we come to?

 

[Zigner]

We haven't talked with the landlord yet. I do not live in that city anymore so my former roommate is going to go talk to them. What sort of agreement would we come to?

Whatever you agree to. I mean, you can't legally agree to hire a goon to break the tenant's legs...but you know what I mean.

 

[FarmerJ]

When you said >>
So me and my roommate sublet our whole apartment and moved out. The current person who is subleasing for us has their name on the lease along with ours.< You called it a sublet BUT a true sublet doesn't have the subletEE in active lease with them instead it is someone they have a arrangement with who pays to them the rent and as a subletor they see to it the landlord is paid. SO how many months were left of the original leases terms at the time you moved out ? ( or was the lease a month to month rental )

 

[parkerreid23]

We moved out in the middle of February and there 4 1/2 months left. She paid the rest of February, March, and April.

 

[FarmerJ]

SO how is she a sub let If she was on the lease with you ? If all three of you are on one lease together then ALL three of you will owe may and Junes rent! BTW if you didn't do it then you better make sure the LL has proper notice from you on real paper sent at the least via certificate of mailing or confirmed mail delivery and tell the LL you are doing this to make sure he understands that you had moved and do not intend to renew . Get it done NOW so the LL has ample notice from you .

 

[reenzz]

I see no reason why any landlord would let you off the lease since it benefits him no possible way. As of now, all three of you are legally responsible for May and 1/2 of Junes rent....and possibly more if the remaining tenant refuses to vacate.