Legal Advice needed for Apartment lease??HELP!
Posted: Thu, 03 Sep 2009 12:37 pm
Hi- getting into legal dispute with my housemate over our tenacy agreement is the last thing I want to do but i have found myself in what i consider a very unreasonable situation and I would like to know where i stand legally.
My housemate and I are co-signers on our lease with our landlord. The contract has 6 months to go but i found out yesterday that my housemate has signed a new contract and will be moving out in 2 1/2 weeks. This came as quite a suprize and without me knowing she was even leaving she had advertised her room and had been showing people around our place while i was not home.
She has now given my a deadline of 3 days from the time i found out she is moving out to find a replacement. She has a found a replacement who i am not completely happy with but he has offered her a 2 month rent security deposit which would be payed directly to her- as she is currently short of cash this is understandably a good offer for her.
Our landlord- without my permission, has given my housemate permission to sublet the apartment and i have been given the following demands:
1) I have until saturday to find a replacement
2) the replacement is required to pay a 2 month security deposit to my housemate
3)As i will be taking what is currently her room and the new tenant will be taking the common room, i need to pay her the difference in what she would have been payed if he was paying the higher rate
4) Ultimatly I don't have a have a say in who i live with
5) She Wants her deposit back
The landlord is quite vague and as far as i can tell as long as gets her money doesn't really mind what happens.
She doesn't want to go through legally changing the name on the lease as this will involve legal fees and stamp duty. So she is happy enough to go with the conditions my housemate has stipulated.
To me this doesn't sound like it can be legally correct? Am i missing something? I shouldn't be forced to live with someone i don't know. My housemate is the one breaking the lease not me- why should i be out of pocket?
Any one got any idea if legally i have a leg to stand on?
My housemate and I are co-signers on our lease with our landlord. The contract has 6 months to go but i found out yesterday that my housemate has signed a new contract and will be moving out in 2 1/2 weeks. This came as quite a suprize and without me knowing she was even leaving she had advertised her room and had been showing people around our place while i was not home.
She has now given my a deadline of 3 days from the time i found out she is moving out to find a replacement. She has a found a replacement who i am not completely happy with but he has offered her a 2 month rent security deposit which would be payed directly to her- as she is currently short of cash this is understandably a good offer for her.
Our landlord- without my permission, has given my housemate permission to sublet the apartment and i have been given the following demands:
1) I have until saturday to find a replacement
2) the replacement is required to pay a 2 month security deposit to my housemate
3)As i will be taking what is currently her room and the new tenant will be taking the common room, i need to pay her the difference in what she would have been payed if he was paying the higher rate
4) Ultimatly I don't have a have a say in who i live with
5) She Wants her deposit back
The landlord is quite vague and as far as i can tell as long as gets her money doesn't really mind what happens.
She doesn't want to go through legally changing the name on the lease as this will involve legal fees and stamp duty. So she is happy enough to go with the conditions my housemate has stipulated.
To me this doesn't sound like it can be legally correct? Am i missing something? I shouldn't be forced to live with someone i don't know. My housemate is the one breaking the lease not me- why should i be out of pocket?
Any one got any idea if legally i have a leg to stand on?