Roommate Problems

[Stephanie74]

I recently married a man in the military. Before our wedding we found out he was being transferred to another state we have the orders and I am also listed on these orders. I advised my roommate on August 25th that I would be moving out on December 9, 2005. At that time we decided that my husband and I would stay there until this date. We have paid our part of the rent, and I paid my half of the security when my roommate and I first moved in. I have been told by roommate and the realitor that my roommates boyfriend will taking over my place on the lease. Although the realitor is keeping my part of the deposit. First of all since I am being taken off the lease and my roommates boyfriend is going on the lease can he keep my part of the deposit? Secondly, my roommate stated she was going to be in charge of the deposit. It has been stated to me that when they find a suitable roommate they will pay me my deposit back with the money they get from the new roommate (a 3rd roommate) is this legal? Also one more question, it has also been stated that they (my roommates) are going to hold me and my husband responsible for 1/2 of the rent until they find a suitable roommate which may be next year, can they do that? Please advise..I am leaving in a little over a month and do not know what my legal rights are in this house. Stephanie

 

[charlesesq]

I recently married a man in the military. Before our wedding we found out he was being transferred to another state we have the orders and I am also listed on these orders. I advised my roommate on August 25th that I would be moving out on December 9, 2005. At that time we decided that my husband and I would stay there until this date. We have paid our part of the rent, and I paid my half of the security when my roommate and I first moved in. I have been told by roommate and the realitor that my roommates boyfriend will taking over my place on the lease. Although the realitor is keeping my part of the deposit. First of all since I am being taken off the lease and my roommates boyfriend is going on the lease can he keep my part of the deposit? Secondly, my roommate stated she was going to be in charge of the deposit. It has been stated to me that when they find a suitable roommate they will pay me my deposit back with the money they get from the new roommate (a 3rd roommate) is this legal? Also one more question, it has also been stated that they (my roommates) are going to hold me and my husband responsible for 1/2 of the rent until they find a suitable roommate which may be next year, can they do that? Please advise..I am leaving in a little over a month and do not know what my legal rights are in this house. Stephanie

The bottom line is this. If you are a co-signer on a lease, each signer is reponsible for the FULL amount of rent. Any agreement you make with the other co-signers must be with their consent INCLUDING the landlord. Essentially if you want to wipe the slate clean, only the landlord has the ability to approve this and a new lease is created between the new tenants and the landlord. Otherwise, each singer can be held liable for the full rent until the lease runs its term. In such an instance, you would be a guarantor for the rent paid by the new roomate. Congratulations on your marriage and don't let any of this ruin a wonderful future life together.