Roomate 1 of 3 never moved in

[KrisJ]

My jurisdiction is: Florida

My daughter has severable liability (no grantors) with 2 other roommates (college students). 3 days before move in (Aug.1 09) 1 roommate informed them by text she had changed her mind and was not moving in. We have sent her a certifed letter(return receipt has been received) stating"reminding" her of her obligation and monthly payments. (1/3 of 1,500 x 11) due and payable each month. My daughter and the remaining roommate; on thier own, have possibly found another tenant. HOWEVER, she can only pay $375 per month. If the prospective tenant does move in can we take the original roommate to small claims court for the remainder of the negative balance? And if the prospective does agree to move in will adding her name to the lease forfiet the original lease? The lease states "maximum of 4 tenants"...

 

[rtcochrane]

If you wish to add someone to the lease, all parties would have to agree. If the original roomate agrees and is taken off the lease, she is not responsible.

 

[KrisJ]

What if she does respond?

The absent roommate will not respond to communication, so how do they "get her to agree"? Can the landlord draw up an addendum for the prospective tenant only?

 

[KrisJ]

She will not respond to letters! Can the landlord create an addendum for the prospective tenant?

 

[KrisJ]

She "can agree" and be taken off? No penalty for breaching a contract? I want to ADD another tenant to reduce rent and utilities not alleveate her responsibility.

 

[rtcochrane]

You would be in essence replacing her. As of right now she is responsible for her portion of the rent as she is on the lease, whether she responds or not.

What are the provisions of the lease regarding breaking the lease? If there are none, then typically the tenant would be responsible for the rent until a new tenant is found. If you have found a new tenant she would be out of the lease, otherwise why would she agree to letting another person on the lease?

Maybe Gail can speak to changing the lease if she does not respond.