Legal Advice re: Exiting Lease

quickfetus · #1 06-14-2007, 02:28 PM

Ok OOT, I need your help.

I'll make it short: I used to attend school in the northeast. I am transferring to U Miami for the coming academic year. Prior to my decision to transfer, I was planning to live in offcampus housing with 3 of my friends close to my old university. Since I pulled out, they are one person short (we were planning to rent a 4 room apartment). Naturally, none of them want to pay extra rent for an empty room. Equally naturally, I have zero interest in paying rent for a room I am not living in. The rent per person comes to roughly $350/month. I signed the lease (my name is on it), and the first rent payment is due on the 2nd of July. In the event that they do not find a replacement for me, and I refuse to pay rent, do they easily take effective legal action against me? If the situation comes to it, I am banking on the fact that the expensive, time-consuming nature of any civil matter would put them off chasing such a (relatively) small amount of money.

Please consider that I am only interested in straightforward legal advice, not moralizing or suggestions to help them find a roommate.

Quickfetus

mbillie1 · #2 06-14-2007, 02:31 PM

It's unlikely that they'll take legal action, but they will very likely report the unpaid rent to a credit agency and that would suck.

Twistofsin · #3 06-14-2007, 02:55 PM

Small claims court is not expensive, nor very time consuming. I don't know if they can sue you for the entire duration of the lease though.

Your roommates can't report you to a credit agency for this. The landlord can, but that would only happen if you all defaulted and rent wasn't paid in full. Then he'd go after all of you.

My suggestion: Pay them the first months rent, and tell them they have 30 days to find another roommate. In exchange they must all agree to let you off the lease. If they refuse, just go I suppose. They probably won't sue, but would certainly win.

bobman0330 · #4 06-14-2007, 02:57 PM

It would probably be more of a hassle for you to defend the suit than for them to prosecute it. I'm not sure what the jurisdiction of small claims courts is, but they could probably sue you in old university town while you're away at school. Plus their case is basically a slam dunk (as long as they take reasonable efforts to find a replacement).

BTW, none of this is legal advice, talk to a lawyer for that. And you're a jerk for trying to dick your friends out of money.

RicoTubbs · #5 06-14-2007, 02:57 PM

[ QUOTE ]
In the event that they do not find a replacement for me, and I refuse to pay rent, do they easily take effective legal action against me? If the situation comes to it, I am banking on the fact that the expensive, time-consuming nature of any civil matter would put them off chasing such a (relatively) small amount of money.

[/ QUOTE ]

I don't know if they would go after you, but I disagree with the "expensive, time-consuming nature" part - this seems like exactly the type of thing that small claims court is designed for. If I were one of the three remaining roommates, I would first try to get a replacement, then take you to court. You're talking about more than $4,000, so it's definitely enough to get the roommates motivated.

Also, I think most universities have housing offices or at least an individual who assist with student/landlord or student/roommate issues. This is obviously a pretty common problem. You might want to check with them.

Twistofsin's suggestion is a good one. You have zero leverage here and it's in your best interest to strike an agreeable deal with the roommates.

bwana devil · #6 06-14-2007, 03:05 PM

[ QUOTE ]
If the situation comes to it, I am banking on the fact that the expensive, time-consuming nature of any civil matter would put them off chasing such a (relatively) small amount of money.

Please consider that I am only interested in straightforward legal advice, not moralizing or suggestions to help them find a roommate.

[/ QUOTE ]

glad youve come to terms w/ screwing your friends over. and you think people find $4200 a relatively small amount of money?

[ QUOTE ]
In the event that they do not find a replacement for me, and I refuse to pay rent, do they easily take effective legal action against me?

[/ QUOTE ]

yes. as you seem to know, all tenants are responsbile for the rent so as long as the rent is paid, it's the tenants who will go after you.

im not a lawyer but a landlord fwiw. ask drew devil if you want the legalease.

wslee00 · #7 06-14-2007, 03:09 PM

seriously - stop screwing over your friends man... as your name is on the lease - it's basically your responsibility and your alone to find a replacement. sure your friends should help, but ultimately if you don't find the replacement, you should pay the consequences (which is paying that rent until a replacement comes along)

Smackdab · #8 06-14-2007, 03:50 PM

I rent student housing in a college town. Here is our policy for these situations, which not surprisingly occurs quite often.

Important factors:

Rent is collected 2 months in advance
All leases are joint and several. For the legal illiterate this means all or one party to the lease may be held liable for the full lease amount.

Our policy:

Any leases not current on rents at time lease begins will not receive access to the apartment. In your situation this means your roommates pay and you don't, no keys for them.

In situations like this the other leaseholders will generally come up wit the unpaid rent. Their best option is to find someone to sublet.

In the event they are unable to sub-let and/or pay the remaining balance of the absent party we will begin eviction proceedings to gain possession of the premises. Any unpaid portion will be placed in collection for all parties to the lease. That would include you Mr. No-Show.

I've seen this situation over and over throughout the years. While I certainly feel for the roommates left in the lurch I operate a business to make a profit.

Since your in college and assumed to be reasonably intelligent let me offer you a life lesson. You have signed a legal document honor your obligation or accept the consequences. I wouldn't count on these "friends" continuing to think of you as such after leaving them hanging like this.

sethypooh21 · #9 06-14-2007, 04:33 PM

Sublet, FTW.

goodsamaritan · #10 06-14-2007, 04:51 PM

Yes you are liable, and yes they could probably get a judgment against you if they were so inclined, but it would be very difficult to collect if you and your assets are in another state. Also, they have a duty to mitigate their damages, so they can't just let the room lie empty for a year and then come after you for the 4200. They have to be actively look for a replacement. Your biggest concern is probably this going on your credit report, but I'm not sure of the likelihood of that actually happening. All in all, if you wanted to be a total dick, you could very likely justskip town without paying or finding a roommate and never have to pay a dime because your roommates will be too lazy to wade through all the red tape to get you to pay.

That said, just make a damn post on craigslist and find a roommate for them.