Roomate she wont sign me off the lease..what do i do!?!

[bobcat2007]

In May of 2010 I moved into a two bedroom apartment with a girl I know I had planned to move into a one bedroom and live on my own but the girl I had been living with said she could not afford her own apartment so she chose an affordable two bedroom apartment and I agreed. As soon as I moved in however, I got a rude awakening. It was a horrible place to live. There was countless problems with maintence, water was constantly seeping in ruining the carpet, and on top of that, the girl I lived with decided to bring her dog, and skip out on paying the pet deposit. The dog relieved itself inside the apartment constantly leaving the carpet with a foul smell I couldnt get rid of, once it even relieved itself on my bed! It also was covered and fleas and my roomate wouldnt do a thing about it. I was unhappy and fell into a deep deep depression, I was always physicially ill. So I decided to talk to her about moving out. She agreed that it would be a good idea. I posted an ad on Craigslist and had numerous people contact me, I had four people lined up willing to go pick up applications and move in as soon as possible. She then tells me she will not allow a sublet. Then her mother comes and yells at me, saying that under no circumstances willl she sign me off the lease. I offered to pay the reletting fee, or a transfer fee if she was willing to transfer to a one bedroom apartment in the same complex. I also offered to pay a deposit at a new apartment complex if thats what she needed. I offered to pay any extra fees that the inconvenience would cost her, but she refused. I then moved out , but I'm still paying half of the rent because she refuses to sign me off. What can be done? I feel as if I have exhausted all options.

 

[MorgansDaddy]

Have you spoke to the landlord about it?

 

[bobcat2007]

Yes, but he says that they will not get involved in "roommate disputes"

 

[MorgansDaddy]

If your landlord refuses to be of help, and she refuses to sublet, you could be stuck. For you to get out of the lease, all involved parties will have to agree.

All is not lost, if you can afford a hit on your credit report, and to pony up a couple more months rent in damages, if sued, you can just stop paying and wait until you are sued to pay what the judge orders. Of course this is not a very attractive option, but the only other one besides you keep paying your share and send a notice to terminate the lease via registered mail at at least 30 days before the end of the lease, stating you will not be renewing.

Wish I could offer better advice, but I can not see a better, viable solution that is less costly.

 

[Prov31Wmn]

The landlord is innocent in roommate disputes. It's not his/her fault the match didn't work out. I can understand his/her position as long as s/he is being paid, there is no reason to intervene. However, everyone has to mitigate their damages. What is telling and in your favor are all the things you have been willing to do, offer to resolve this at the expense of your time and money.

If I were you I'd document those offers because guaranteed your roommate will deny you made them. All the people who were ready to move-in keep their information you may need them as witnesses. If you have tenants who are qualified, and willing to take over your lease refer them to the landlord. The landlord mainly just wants to be paid and avoid problems. If you have people willing to take over the payments, the landlord can accept the person and if your roommate doesn't like it too bad.

I must say that roommate situations are often problematic for landlords. But if given a qualifying tenant and the landlord rejects them for no good reason, that can be used in court for you. If s/he can't give a good reason for not accepting the tenant in your place, the judge may rule that all monies owed from you would stop because you mitigated your damages but the landlord did not. Good luck.

 

[MorgansDaddy]

The landlord is innocent in roommate disputes. It's not his/her fault the match didn't work out. I can understand his/her position as long as s/he is being paid, there is no reason to intervene. However, everyone has to mitigate their damages. What is telling and in your favor are all the things you have been willing to do, offer to resolve this at the expense of your time and money.

If I were you I'd document those offers because guaranteed your roommate will deny you made them. All the people who were ready to move-in keep their information you may need them as witnesses. If you have tenants who are qualified, and willing to take over your lease refer them to the landlord. The landlord mainly just wants to be paid and avoid problems. If you have people willing to take over the payments, the landlord can accept the person and if your roommate doesn't like it too bad.

I must say that roommate situations are often problematic for landlords. But if given a qualifying tenant and the landlord rejects them for no good reason, that can be used in court for you. If s/he can't give a good reason for not accepting the tenant in your place, the judge may rule that all monies owed from you would stop because you mitigated your damages but the landlord did not. Good luck.

I agree with all except the part I put in bold, the roommate also has to agree to the changes. However, the roommate also has to mitigate their own damages as well, which she seems not to be trying to do.

 

[MorgansDaddy]

I also want to add to the OP, you offered way more than what you needed to, she was a fool for not taking you up on that offer.