How to get out of a co-signed month-to-month lease?
January 9, 2010 8:07 PM Subscribe
Looking for advice on moving out/ending the lease on a month-to-month with someone whom I met on Craigslist (in Philadelphia, Pennsylvania)...
In May, I signed an addendum to a month-to-month lease for a room in a two bedroom apartment with someone whom I met on Craigslist. I paid first month's rent to my landlord, and last and security deposit to the previous tenant.
On November 1st, I gave 60 days notice to both the landlord and roommate that I was planning on moving. My landlord and roommate both believe that until I find a replacement for myself, it is my responsibility to pay rent. When the next tenant takes over, he/she'll pay me the last month and security deposit.
Since November, I've re/posted five Craigslist ads, we've had over two dozen responses to the ad, and at least 10-15 people have come to see the apartment, and I/we still haven't found a replacement tenant. Most people are telling me that it is my roommate's responsibility to find a roommate, but until she does, I am stuck paying rent and utilities. I haven't lived there since mid December.
When should (or should I?) I cut my losses and stop paying rent? Does anyone know what my options are in this situation? Again, I am in Philadelphia, PA. Thanks!
In May, I signed an addendum to a month-to-month lease for a room in a two bedroom apartment with someone whom I met on Craigslist. I paid first month's rent to my landlord, and last and security deposit to the previous tenant.
On November 1st, I gave 60 days notice to both the landlord and roommate that I was planning on moving. My landlord and roommate both believe that until I find a replacement for myself, it is my responsibility to pay rent. When the next tenant takes over, he/she'll pay me the last month and security deposit.
Since November, I've re/posted five Craigslist ads, we've had over two dozen responses to the ad, and at least 10-15 people have come to see the apartment, and I/we still haven't found a replacement tenant. Most people are telling me that it is my roommate's responsibility to find a roommate, but until she does, I am stuck paying rent and utilities. I haven't lived there since mid December.
When should (or should I?) I cut my losses and stop paying rent? Does anyone know what my options are in this situation? Again, I am in Philadelphia, PA. Thanks!
If you're on a month-to-month lease and you've given 60 days notice, I don't see how they can hold you responsible for anything else. Read your paperwork carefully and contact a tenants' rights organization in your area for specifics about local law.
posted by peanut_mcgillicuty at 8:36 PM on January 9, 2010
posted by peanut_mcgillicuty at 8:36 PM on January 9, 2010
Response by poster: Just a note: This question isn't really about being courteous, I just want to make sure I get the last month and security deposit. Thanks!
posted by Lizsterr at 8:45 PM on January 9, 2010
posted by Lizsterr at 8:45 PM on January 9, 2010
(I'll chime in, since I've been talking to the OP about the situation.)
OP is the fourth person to share this apartment with her current roommate. The current roommate and the first person to share the apartment co-signed the lease several years ago. OP signed an addendum to the lease, as did the previous two, becoming a co-signer WITHOUT drawing up a new lease. OP paid two months of rent to the previous person to share the apartment (as well as one month to the landlord), and would have to get that back from the NEXT person to share the apartment, assuming that the lease isn't ended, which would take the consent of current roommate, and probably another 60 days notice to the landlord. Does anyone else see a way for her to get that deposit back if a new roommate isn't found? Can one co-signer unilaterally end a month-to-month lease?
Should also mention that the landlord, based on past experience, is unlikely to be sympathetic or offer an easy solution to anyone. He's been unprofessional, almost unstable, when dealing with other situations.
posted by supercres at 9:02 PM on January 9, 2010
OP is the fourth person to share this apartment with her current roommate. The current roommate and the first person to share the apartment co-signed the lease several years ago. OP signed an addendum to the lease, as did the previous two, becoming a co-signer WITHOUT drawing up a new lease. OP paid two months of rent to the previous person to share the apartment (as well as one month to the landlord), and would have to get that back from the NEXT person to share the apartment, assuming that the lease isn't ended, which would take the consent of current roommate, and probably another 60 days notice to the landlord. Does anyone else see a way for her to get that deposit back if a new roommate isn't found? Can one co-signer unilaterally end a month-to-month lease?
Should also mention that the landlord, based on past experience, is unlikely to be sympathetic or offer an easy solution to anyone. He's been unprofessional, almost unstable, when dealing with other situations.
posted by supercres at 9:02 PM on January 9, 2010
The landlord and other roommate seem to believe that Lizsterr is obligated to pay rent in perpetuity or until they say otherwise, absent any written agreement to this effect. This is clearly ridiculous. You can recover your last month's rent by not paying rent on your last month. Getting the security deposit back will probably be more complicated if the other parties are not inclined to give it back to you. I'd contact the local tenant organization, as suggested above.
posted by grouse at 9:11 PM on January 9, 2010
posted by grouse at 9:11 PM on January 9, 2010
Well, from the update it sounds like the deposit is coming from the next tenant as SOP, which seems more or less fine and immutable. The two stumblers here are whether Lizsterr can make do without it for the time that it takes to get the new tenant, and whether the prospect of covering for the interim rent by the remaining tenants is enough to motivate them to get someone in sooner than later. A possible bummer in the case of a gap is whether the remaining tenants will try to tax the ersatz-deposit to make up for the gap. This would seem do-able by requiring the new tenant to pay Lizsterr directly, but that may involve some drama if she is no longer local.
Utilities, though. That's a no-go, but if they start trying to snarf from the forthcoming deposit payment you may ultimately need to beat them about the face and head with small claims court.
Are they being difficult about the new roomate choices? 10-15 people seems like plenty to find a decent person.
posted by rhizome at 9:52 PM on January 9, 2010
Utilities, though. That's a no-go, but if they start trying to snarf from the forthcoming deposit payment you may ultimately need to beat them about the face and head with small claims court.
Are they being difficult about the new roomate choices? 10-15 people seems like plenty to find a decent person.
posted by rhizome at 9:52 PM on January 9, 2010
Best answer: A tenants' rights organization is your absolute first phone call here; do it tomorrow, and have your copy of what you signed in your hand when you call. These folks may be able to help or point you to someone who can talk to you.
Hard to tell for sure since you haven't told us specifically what the addendum you signed says, but it sounds like you're being screwed and your ex-roommate likes living alone with you paying half her rent. It's not clear if you've paid January rent yet. If not, hold on to it for a while as leverage while you discuss this with them.
You could also try to play tough on your own: tell ex-roommate and landlord 1) you'll be stopping rent and utilities after the 60 days, 2) you've spoken to a lawyer and a tenants' rights organization and have been told they are being ridiculous in claiming you have to pay rent in perpetuity after turning down a dozen potential replacements, and 3) you'll be taking them to small claims court if they do not refund your last month deposit and
But you'll be on stronger ground if you actually talk to people who deal with this kind of thing every day. Call.
posted by mediareport at 8:15 AM on January 10, 2010
Hard to tell for sure since you haven't told us specifically what the addendum you signed says, but it sounds like you're being screwed and your ex-roommate likes living alone with you paying half her rent. It's not clear if you've paid January rent yet. If not, hold on to it for a while as leverage while you discuss this with them.
You could also try to play tough on your own: tell ex-roommate and landlord 1) you'll be stopping rent and utilities after the 60 days, 2) you've spoken to a lawyer and a tenants' rights organization and have been told they are being ridiculous in claiming you have to pay rent in perpetuity after turning down a dozen potential replacements, and 3) you'll be taking them to small claims court if they do not refund your last month deposit and
But you'll be on stronger ground if you actually talk to people who deal with this kind of thing every day. Call.
posted by mediareport at 8:15 AM on January 10, 2010
Er...refund your last month's rent and deposit when the new person arrives.
posted by mediareport at 8:17 AM on January 10, 2010
posted by mediareport at 8:17 AM on January 10, 2010
So from the update, it sounds like it actually isn't month to month at all. You are on the lease.
If it were me, I would say: "I will be out of here in 60 days. If there isn't somebody new by then, then I guess I don't get that money back."
I realize this isn't ideal, and you may lose the money, but you also might motivate your co-leasers to find someone to take over your spot, which in turn could result in you getting the money back anyway.
posted by bingo at 10:58 AM on January 10, 2010
If it were me, I would say: "I will be out of here in 60 days. If there isn't somebody new by then, then I guess I don't get that money back."
I realize this isn't ideal, and you may lose the money, but you also might motivate your co-leasers to find someone to take over your spot, which in turn could result in you getting the money back anyway.
posted by bingo at 10:58 AM on January 10, 2010
Response by poster: @bingo: The lease I signed IS a month-to-month lease.
@mediareport: I'll definitely be talking to TURN. Thanks!
posted by Lizsterr at 6:37 PM on January 11, 2010
@mediareport: I'll definitely be talking to TURN. Thanks!
posted by Lizsterr at 6:37 PM on January 11, 2010
This thread is closed to new comments.
posted by katemcd at 8:20 PM on January 9, 2010