RE: roomates give 30 day notice to roomate?

[Arcadis]

After reviewing the lease/rental agreement that Roomate 1 and I have with the Landlords, it just says that the "Tenant shall not let or sublet ....without the prior written consent of the Landlord"
Therefore, if Roomate 1 and I talk to Roomate 2 and ask him to move out due to things not working out, and he responds drastically - then should we have the Landlord,Roomate 1 and I sign a 30 day request to vacate to Roomate 2? Will that take care of things (legally) since he is not on the lease, and was allowed tenancy based on approval of the Landlord (and rental application)?
Thanks for the advice, it is very helpful.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Arcadis:
After reviewing the lease/rental agreement that Roomate 1 and I have with the Landlords, it just says that the "Tenant shall not let or sublet ....without the prior written consent of the Landlord"
Therefore, if Roomate 1 and I talk to Roomate 2 and ask him to move out due to things not working out, and he responds drastically - then should we have the Landlord,Roomate 1 and I sign a 30 day request to vacate to Roomate 2? Will that take care of things (legally) since he is not on the lease, and was allowed tenancy based on approval of the Landlord (and rental application)?
Thanks for the advice, it is very helpful.<HR></BLOCKQUOTE>

As Tracey has already said, only the landlord has the legal right to give the 30 day notice. You and Roomate #1 could give the notice but it will not be legally enforceable since you two are tenants and not the landlord/owner. Since the landlord accepts the rent payments from Roommate #2 directly, a sublet tenancy has not been established between you, Roommate #1, and Roommate #2 as the sublet tenant. Roommate #2 is a regular tenant just like you and Roommate #1 although #2 has no written lease agreement. You have the right idea to talk first and ask #2 to move out without forcing written notice from the landlord.