Housemate skipped out on lease

[Kwitsch]

What is the name of your state? VA
There are 2 of us on the lease and the other person on the lease has skipped out without notice or anything. I told my landlord I would be willing to assume the lease if she lets me sublet the other room. She said no to that and told me today that I can either get out by the end of this month and I will not get my deposit back or she will place a tenant into the second bedroom to live with ME in this house - to use my furniture, my appliances, incl washer & dryer, my dishes pots & pans, etc. Can she do this? What are my rights? I didn’t break the lease, the other person did. Am I responsible for the whole amount of rent moving forward or just half of it? I need to know before I sign this addendum to the lease what my options/rights are cuz I can’t afford a new place right now as the person who left WAS a friend and left owing me for covering their rent and 2 months of utilities so I have no money for a lawyer! Thank you SO MUCH for your help!!!

 

[FarmerJ]

SO when you moved in on the original lease was it both you and roommate who were jointly responsible for the rent ? OR were you each on a lease just for your bedrooms ? If you were in a joint lease you are free to tell the LL unless she lets you sublet and she puts another tenant in to share the place against your wishes tell her doing so breaches your lease with her and you will not permit your things to be used by a tenant she picks ( your better off to just accept in writing her offer to let you move out early and only do it in writing ( you never said how many months you have left on your original lease and maybe you just have to tell her you will find the replacement tenant who will be on the current lease with you ( and have to pay you for half of the deposit.

 

[PayrollHRGuy]

What are my rights?

You have a number of rights.

But what does your lease say about "joint and severable liability?"

 

[zddoodah]

Since we haven't read your lease and you told us nothing about its terms, it's impossible to answer any of your questions (other than by pointing out that, like everyone else, you have dozens of rights, and it would serve no useful purpose to try and list them).

 

[Kwitsch]

SO when you moved in on the original lease was it both you and roommate who were jointly responsible for the rent ? OR were you each on a lease just for your bedrooms ? If you were in a joint lease you are free to tell the LL unless she lets you sublet and she puts another tenant in to share the place against your wishes tell her doing so breaches your lease with her and you will not permit your things to be used by a tenant she picks ( your better off to just accept in writing her offer to let you move out early and only do it in writing ( you never said how many months you have left on your original lease and maybe you just have to tell her you will find the replacement tenant who will be on the current lease with you ( and have to pay you for half of the deposit.

Yeah she won’t let me do any of that - it’s her way (those 2 options) only. There’s 7 months left on the lease. And yes we were both jointly responsible on the original lease. I’m waiting right now for another copy of my lease as the other housemate took it so I can see exactly how it’s worded. I would love to move out, but can not afford it right now as the housemate left owing me a lot that I covered for him. I will post more as soon as I get the lease. She told me I had to choose RIGHT NOW which option I wanted so I chose her finding me a tenant to buy me some time to look at the lease and figure out REALLY what my legal options are. She’s given me nothing yet in writing and says she will have an addendum for me to sign which of course I’m not gonna sign immediately. She got a hold of the housemate who skipped out and he told her I kicked him out. To which I responded “well that’s a lie and besides I don’t have the authority to kick him out!” Anyway, I will post again once I’m able to see exactly how the lease is worded. Thanks

 

[nichjere19]

Your doing good that knowing your rights and asking advice. Ask for a lawyer locally for advice about it.

 

[FarmerJ]

You could just let her move someone who pays her directly in to that bedroom and that's all you need to send her a notice telling her in writing she has violated your lease by moving in someone who you did not approve of so you are going to move out and she can re furnish the home for her room renter and she can go find another room renter to take your old room . AS far as utility money If it was me I would consider calling and removing elect and gas and water from my name the day she installs a tenant of her choice and put them in her name and again take a lot of exit pictures to show the places condition now and on the day you move out and if you have to then plan on suing her in small claims court for your deposit money , she will have a fun time looking like a fool if she has to tell a Judge she breached your lease by installing a a tenant of her choice into the empty room and because she breached your lease you chose to vacate.

 

[Kwitsch]

You could just let her move someone who pays her directly in to that bedroom and that's all you need to send her a notice telling her in writing she has violated your lease by moving in someone who you did not approve of so you are going to move out and she can re furnish the home for her room renter and she can go find another room renter to take your old room . AS far as utility money If it was me I would consider calling and removing elect and gas and water from my name the day she installs a tenant of her choice and put them in her name and again take a lot of exit pictures to show the places condition now and on the day you move out and if you have to then plan on suing her in small claims court for your deposit money , she will have a fun time looking like a fool if she has to tell a Judge she breached your lease by installing a a tenant of her choice into the empty room and because she breached your lease you chose to vacate.

No...she wants me to sign an addendum to the lease which will stipulate this. I should be getting my copy of the lease tomorrow and I assume she will also bring the addendum she wants me to sign - of course I won’t right away and will tell her I need time to look it over.

 

[Kwitsch]

Your doing good that knowing your rights and asking advice. Ask for a lawyer locally for advice about it.

Thanks Im trying to cover myself - I just got screwed over by the housemate - I have no intention of letting this happen again, by a LL or anyone. The LL has been very rude and has accused me of lying (via text messages she sent me) when I have done NOTHING wrong and have been nothing but respectful and nice to her. I also even offered to assume the lease if I could rent the room out. She’s clearly a control freak. She seems to forget I was also screwed over by the housemate who skipped out. She claims to be a Christian but Christians don’t treat people rudely the way she’s treating me when I have given her no reason to do so. I will also be recording tomorrow’s visit because I will not be accused of lying again. Anyway - will update when I know more.

 

[FarmerJ]

don't agree to a change in the lease that lets her rent that room out. In fact you may well be better off even if you had to borrow money from a relative to just leave anyway. AS to replacement roommates she cant refuse too many replacements you offer other wise she will not look very good in court when she explains to a judge she started out by renting the unit to you and one other person as co tenants and how now she cant let you replace the missing tenant . Just a reminder too that bullies come from all faiths.

 

[Kwitsch]

don't agree to a change in the lease that lets her rent that room out. In fact you may well be better off even if you had to borrow money from a relative to just leave anyway. AS to replacement roommates she cant refuse too many replacements you offer other wise she will not look very good in court when she explains to a judge she started out by renting the unit to you and one other person as co tenants and how now she cant let you replace the missing tenant . Just a reminder too that bullies come from all faiths.

Still waiting on my copy of the lease. She never showed up today and texted at the last minute she needs to postpone. As soon as I read the exact wording of my lease I will have a better idea in which direction I want to go. I may also consider suing the ex-housemate for breach of contract. And yeah, she IS a bully. Will keep you updated. Thank you so much for your help