Roomate Roomate moving, lease in her name

[homebound89]

my roomate and i moved into a house in middle march and a lease for 1 year. now she decided a few weeks ago to enroll at a school an hour and a half away, thought she could commute but quickly found out gas isnt worth it. so shes wanting to leave. which is fine.. BUT she only told me she needs to move last week... and i know the sooner the better for her.. but i have no one to move in. i have a friend who can move in around october and be able to afford it, but my roomate said she needs to pay her the deposits back. is that true? since she is putting me in the bind and breaking the lease, cuz our landlord said he would be willing to move the lease into my name. she said she may cancel the lease and get her money back before someone else moves in and she loses her money. would she even get the deposit back anyway if she cancels the lease? because then she puts me out.. i'd have to move and i dont have the money for that!!! and she has this idea that we'll get the deposit back if they do a walkthru.. which im pretty sure isnt true they do that if you finish your lease.. not 4 months into it! im just curious as to what im entitled to legally and what i can say i do or dont owe. thanks!

 

[Gail_in_Georgia]

Your posting is a bit confusing. Are you saying the landlord is agreeing to let your roommate out of her lease early without a financial penalty..or do you have to pick up the slack in terms of the rent until the new roommate can move in?

Normally if a tenant breaks a lease early, that tenant is responsible for the remaining months of rent on the lease until a new tenant can be found to take her place..or the lease runs out.

In this case it would seem likely that the roommate would NOT get her deposit back (unless she paid rent for September since the new roommate cannot start the lease until October) and that this deposit would go toward her September rent.

Gail

 

[homebound89]

[sorry i was very frantic and upset when i wrote that.. i can see how it would be confusing.. let me try again..]

well she is moving to a place in another city, and the landlord said he would move the lease to my name. but she is threatening to cancel the lease since it is solely in her name.

and she has only told me she wants to move 10 days ago!!!
so i have to find out if my friend can move in for sure in october by today (roomate found a good deal on the place and has to know by tonight) and if my friend can pay her the 200 deposit plus bill deposits.

**does my roomate have the right to ask for that 200 plus bill deposits cuz i would be staying.. i mean SHE IS breaking the lease technically.. or is she because it is transferring to my name?

because if she is.. then i would understand that she is not entitled to that money back. she is putting me in this situation that im frantically trying to find a roomate by her terms (2 weeks barely) or she will put me on my butt.

like i said she has only told me 10 days ago that she had to move.
**does she have to give me more notice than that?

and either way the lease is in her name, so if she has to move and i dont have a roomate (by tonight according to her) she is going just cancel the lease because she has to have her deposit back to get this new place. so its not so much she has to pay rent until i find someone because i am her tenant and if she cancels the lease then im just out of luck.

 

[Gail_in_Georgia]

Here's the deal....

Assuming you also signed the lease, ALL parties (you, your roommate, the landlord) must agree to allow the roommate to be taken off the lease.

Gail