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Landlord making college kids pay

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haha0002

Junior Member
Washington State

My daughter lives in a house with 5 other college girls and they split the rent equally. Each girl signed the lease. In December, one of them said she wanted to leave, stating she was having some sort of family issues at home (she was hardly there anyway and her parents were paying the rent & utilities). The girls told her she had a lease. She spoke with the landlord and she stated that he said it was ok. He told one of the other girls that the one moving out was still responsible for the rent. So there is some conflicting information here. There were never any instructions given ie. who would find a replacement etc. She moved out at the end of December - an inopportune time for finding a replacement, as all the girls had traveled home for the holiday. Now they are looking for someone, but the landlord has told them that the 5 of them are responsible for splitting the rent 5 ways (instead of 6). This seems unfair, as he's the one that seemed to have let her out of the lease. The other girls didn't have a say in it. They already have to pay the increase in utilities. So, are they really required to split it 5 ways now and cover the whole rent? Someone's father read the lease and said it was vague. If they have to sue the other girl for her portion, who does that? Her roommates or the landlord? Should they just continue looking for a replacement and refuse to pay her portion? We're not sure what our daughter's obligation and the legalities are in this situation.
 


Who's Liable?

Senior Member
Washington State

My daughter lives in a house with 5 other college girls and they split the rent equally. Each girl signed the lease. In December, one of them said she wanted to leave, stating she was having some sort of family issues at home (she was hardly there anyway and her parents were paying the rent & utilities). The girls told her she had a lease. She spoke with the landlord and she stated that he said it was ok. He told one of the other girls that the one moving out was still responsible for the rent. So there is some conflicting information here. There were never any instructions given ie. who would find a replacement etc. She moved out at the end of December - an inopportune time for finding a replacement, as all the girls had traveled home for the holiday. Now they are looking for someone, but the landlord has told them that the 5 of them are responsible for splitting the rent 5 ways (instead of 6). This seems unfair, as he's the one that seemed to have let her out of the lease. The other girls didn't have a say in it. They already have to pay the increase in utilities. So, are they really required to split it 5 ways now and cover the whole rent? Someone's father read the lease and said it was vague. If they have to sue the other girl for her portion, who does that? Her roommates or the landlord? Should they just continue looking for a replacement and refuse to pay her portion? We're not sure what our daughter's obligation and the legalities are in this situation.


It all depends on the exact wording of the lease. You stated each girl signed the lease, meaning ALL of their names are on the lease. Look for the term "joint and several liability" if this is in the lease, it means all or 1 of the girls is responsible for the rent regardless of any situation. Usually they go after the tenant with the deepest pockets. It would than fall upon that tenant to sue the other tenants to recoup their loss.

No, their LL CANNOT remove a tenant without the WRITTEN CONSENT of ALL parties signed to the lease. The other girl is STILL liable for her share of the rent, however until she pays or is sued by the other roommates, the full rent still has to be paid to the LL. In this case, it would be split 5 ways.

Utilities would not be required to pay since she is not their to use them UNLESS it is specifically stated in the lease.
 

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