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Co Tenant Rights

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Carrie7801

New member
Kentucky

I signed a one year rental agreement with a friend. I really don't want to stay but I am willing to stay the year to keep from getting in a bind.

Can I refuse to sign a new lease when this one is up? Do I tell the landlord 30 or 60 days in advance I won't be signing the new lease?

All of the utilities are in my friends name, the agreement (not in writing) was that I pay utilities to them. Which, I have. But I know if I break contract now I'm sure I could be on the hook for money.

Any advice?
 


Just Blue

Senior Member
Kentucky

I signed a one year rental agreement with a friend. I really don't want to stay but I am willing to stay the year to keep from getting in a bind.

Can I refuse to sign a new lease when this one is up? Do I tell the landlord 30 or 60 days in advance I won't be signing the new lease?

All of the utilities are in my friends name, the agreement (not in writing) was that I pay utilities to them. Which, I have. But I know if I break contract now I'm sure I could be on the hook for money.

Any advice?
You are obligated to finish your contract...both written and oral. Read your current lease for terms of non-renewal.
 

Carrie7801

New member
My lease contract does not even mention non renewal. It just says we are obligated to pay rent until a specific date (exactly one year from the day we signed).

I just don't want to go month to month once that year is up and I want to move. My friend can stay or go but I want to move once the year is up.
 

Just Blue

Senior Member
My lease contract does not even mention non renewal. It just says we are obligated to pay rent until a specific date (exactly one year from the day we signed).

I just don't want to go month to month once that year is up and I want to move. My friend can stay or go but I want to move once the year is up.
Send the LL a letter, CRRR, that you will not be renewing your lease. Send the same to your roommate.


Make sure you note the day you will be moving out. That day should be the last on your current lease.
 

Carrie7801

New member
Send the LL a letter, CRRR, that you will not be renewing your lease. Send the same to your roommate.


Make sure you note the day you will be moving out. That day should be the last on your current lease.
On the lease it definitely says after the year is up it converts to a month to month and either party may terminate the lease. But I read it as the Landlord is one party and my roommate and I are the other party. I could be wrong because that sentence was vague to me.

Is there any way my roommate can force me to stay on the lease at that time? Or am I legally free to move once the year is up regardless of what my roommate does?
 

Just Blue

Senior Member
On the lease it definitely says after the year is up it converts to a month to month and either party may terminate the lease. But I read it as the Landlord is one party and my roommate and I are the other party. I could be wrong because that sentence was vague to me.

Is there any way my roommate can force me to stay on the lease at that time? Or am I legally free to move once the year is up regardless of what my roommate does?
Both of you are contracted to the LL for the term of the lease. Once that lease is over you are free to do as you wish. No, your RM can't force you to stay on.
 

Litigator22

Active Member
On the lease it definitely says after the year is up it converts to a month to month and either party may terminate the lease. But I read it as the Landlord is one party and my roommate and I are the other party. I could be wrong because that sentence was vague to me.

Is there any way my roommate can force me to stay on the lease at that time? Or am I legally free to move once the year is up regardless of what my roommate does?
You've presented an interesting query and I think it wise of you to view the language, "either party may terminate the lease" as being subject to different interpretations and thus disconcerting. Does it mean that either of the named tenants to the lease may act independently or does it mean that they must act in concert to terminate and/or extend the lease?

Without belaboring the issue what you might do is to have each you and your roommate sign, date and submit to the landlord a statement clarifying the matter by announcing (to the effect) that each decline to effect any renewal or extension of the lease beyond its present term, neither individually nor jointly.

Good luck and stay safe!
 

zddoodah

Active Member
Can I refuse to sign a new lease when this one is up?
You've given us no reason to believe you lack this ability. Is there some reason why you think you might be unable to do this?

Do I tell the landlord 30 or 60 days in advance I won't be signing the new lease?
What, if anything, does your current lease say about expiration and renewal?

Is there any way my roommate can force me to stay on the lease at that time?
Legally force? No. However, it may complicate things that there are two of you on the lease as co-tenants. You may be on the hook until both of you leave. One would need to read the lease to know for sure.
 

Zigner

Senior Member, Non-Attorney
You've presented an interesting query and I think it wise of you to view the language, "either party may terminate the lease" as being subject to different interpretations and thus disconcerting. Does it mean that either of the named tenants to the lease may act independently or does it mean that they must act in concert to terminate and/or extend the lease?
Generally, the opening part of the contract would define who each "party" is. Generally...
 

Carrie7801

New member
You've given us no reason to believe you lack this ability. Is there some reason why you think you might be unable to do this?



What, if anything, does your current lease say about expiration and renewal?



Legally force? No. However, it may complicate things that there are two of you on the lease as co-tenants. You may be on the hook until both of you leave. One would need to read the lease to know for sure.
I called my LL. He said any person can terminate their lease and he would remove them from it if we pay the equivalency of 2 months rent. That's what he said he does.

I asked if we all must pay and he said no. He said if all people leave it's still two months rent. If I want to leave and someone else stay then I pay two months rent fee to the LL.

I spoke with my co tenant. They caused a major issue while I was away by plugging a 220 stove electrical cord into the wall without turning off the breaker or having it connected to the stove. Because of this and other issues I want to leave as I don't feel safe at all.

We sat down and they asked I pay utilities in the amount of 250 per month for the duration of the lease because they can't afford to rent and pay utilities alone. Now, I get it, but I paid to replace the stove they broke, I paid for a moving van they used as well, and I offered to let them keep a twin bed and nice end tables and coffee table. I'm paying the utilities that come due for the time I lived there. However, I am about 700.00 away from my goal to pay to cancel my lease and I really want to legally be taken off the lease.

I don't believe they can't afford rent. They make 30.00 an hour and have a 25K allowance on an AMEX card. Also I am on unemployment and they are getting paid to sit home since our factory shut down. I worked for a contractor. They work for the company. Also, they got a raise and a 3K bonus and their car takes up half their salary. They showed me the papers. But it's a Challenger that is upgraded. I have a Challenger and it never took up half my pay. The way I see it, they can down grade their car to a less expensive one, easily. And considering the income difference between us, they CAN afford to live there.

Can anyone think of any way I could be sued if I legally break the lease and pay the LL the fee they require and remove me off the lease? Is there any legal ramifications for staying on and paying 250 a month for a year? I won't be living there but I don't think they will tear anything up.

About their car payment and insurance I mean, nobody needs that car. They can get a new Camry if it comes down to bills or a car. Or get a normal Challenger. I'm not keen on paying because someone bought a car they can't afford. Really, it's a lease, they don't even plan on keeping it. The only bill in my name is the internet.

I already moved out this week. The LL said they do not care what we do as long as rent is paid. He said I could move out and have a deal with the co tenant if I want. I just don't want to be sued in civil court by the co tenant.
 
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