Roomate Individual wants to break lease with multiple tenants

[rvakid]

I have four roommates in the house that I have currently been renting for the past 5 months. One of the roommates moved out because she got pregnant and we have a replacement. She broke the lease and the leasing agency is trying to have the 5 of us sign a new lease. This brought some concern because they want us to agree to another year and we are unsure if we want to live here for another year at this moment and liked when the lease ended before.

-Why doesn't the old lease contract still hold up for the rest of us?
- The girl broke the lease without the rest of us agreeing upon anything or signing paper work. Is this the correct or normal procedure? Can she do this without our consent?

- On a side note:

The current lease states that we are responsible for the upkeep of the lawn. We have been doing normal upkeep on the weekends, every weekend, because during the week we do not have time to take care of it with the remaining, if any, daylight. This week, however, it rained a lot and continued through the weekend. The grass got long and without our consent a service was provided. I asked our leasing agent if this was a normal service and she said it was, during the summer months contradicting the leasing agreement, with no additional fee.

- Are we to be held responsible for any payments for the service, even though we did not know or consent to having the service performed?
-What can they deem irresponsible care of the grounds?
-Are we required to be notified if a complaint has been filed against our lawn upkeep?

I apologize for the long winded post but I am unclear about what to do in this situation. I would like to thank anyone who is able to provide helpful information on this matter in advanced.

 

[army judge]

I'd allow the lease to expire.

You can decide if you wish to renew the lease as the time approaches.

Read your lease.

Know the terms of the lease.

As far as lawn service, you agreed for the on time only cutting. Therefore, you chose to have them do it.

Next time, hire your own service, if don't have time to do it.

 

[rvakid]

Thank you for your assistance but I may have not made myself clear about what the situation is or what I would like to know.

One of the original roommates needed to break the lease, and did so. The rest of the roommates had no conversations, digital, over phone, or in person, with the leasing agency. Are the rest of us still under the original contract and the leasing agency is just jerking us around, or is a new lease required for the original tenants?

With the lawn, the agreement we have with the agency has no mention of providing a service or that one will be provided in the event we are unable to maintain said lawn. The lease clearly states that we are responsible for the care of the grounds. Are they allowed to dispatch a service without our consent and are they able to charge us for the service that we were unaware of that was provided.

 

[army judge]

The lease, most likely doesn't allow them to cut your lawn and charge you a fee.

I suggest you read your lease.

Your answer is in your lease.

Ask about the roomie that abandoned you.

Only your landlord knows what they're trying to do to you and your crew.

You were quite clear, at least clear enough for me to comprehend.

Discuss this with your landlord or his agents.

 

[mightymoose]

Yes, the rest of you are still under the original lease and do not have to sign in to a new one- however if you want to let the new roomate in then you may have to sign it, otherwise the three of you remaining are responsible for the full rent. Since you have a new replacement roomate it sounds as if the roomie that moved out has caused minimal damages, so there isn't really much you would be able to go after her for. Your options are to either sign the new lease and take in the new roomate or to stay on your current lease with the three of you remaining.... OR... if your lease does not explicitly forbid subleasing.... you may be able to allow the new roomie in under your own terms and she will be a subtenant to the three of you.

 

[rvakid]

thank you moose,
There is no ill will or want from the roommate that moved out. She is off the hook as far as we are concerned. We all did, however, sign a single lease, not individual leases for each of us. Does that still entitle us to the original agreement?
Though im sure it is ill advised, are there any consequences for having the new roommate move in without signing a new lease if they do not allow a sublease? Is there any legal action that the agency can take upon us, even if we continue to pay the agreed rent?

 

[mightymoose]

thank you moose,
There is no ill will or want from the roommate that moved out. She is off the hook as far as we are concerned. We all did, however, sign a single lease, not individual leases for each of us. Does that still entitle us to the original agreement?

Yes, but the three of you will have to make up the difference in the rent. So long as the full rent is paid on time you are all safe where you are at. If you want a new roommate then the landlord can require you all to sign into a new lease to include that roommate.

Though im sure it is ill advised, are there any consequences for having the new roommate move in without signing a new lease if they do not allow a sublease? Is there any legal action that the agency can take upon us, even if we continue to pay the agreed rent?

Allowing the new roomie in if your lease specifically forbids subleasing could be grounds for an eviction since you will be violating the terms of your lease. If the three of you pay the rent in full there isn't anything that the landlord can do... and the landlord really shouldn't care.