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Terminating lease...will my roommate be liable for half of the termination fees?

Having a dispute with a tenant or landlord? Rental Law discussion

Terminating lease...will my roommate be liable for half of the termination fees?

Postby deangelo51 » Tue Dec 13, 2011 9:49 pm

I moved in to an apartment with a "friend" in March. After a few months, it just was NOT working out. We are both on the lease, but all utilities were in my name. She would pay me late, not contribute to groceries/supplies/etc., dirty, violating my privacy, bad mouthing me to mutual friends.
I decided to move out. I agreed to keep paying half of rent, and she could stay there till the end of the lease (February).
We had an argument (she got mad because I changed my bedroom door knob to a key lock so she couldn't get in when I wasn't home)...and she put a stop payment on her check to me for rent and the utilities. (so I'm already out a lot of money on this). Additionally, since she knew my name was on utilities and she could get away with not paying me (I was still agreeing to pay half even tho I was no longer residing there), she turned on ALL of the lights in the house and had the AC blasting on "on" so it was running CONTINUOUSLY (in late September...it wasn't necessary.). I decided it was best to just terminate the lease.
The termination fees are going to be around $2,500. My question is this...we are both on the lease. Will the fee be split in half and each of us made equally responsible?
I know she is horrible with finances, and always broke, so she doesn't think she should have to pay any of it since I am the one who decided to terminate. Can I end up being responsible for the whole amount? I live in Tennessee, if that helps. I know tenant laws vary by state.
Any help would be greatly appreciated!
deangelo51
 
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Terminating lease...will my roommate be liable for half of the termination fees?

Postby ahanu » Tue Dec 13, 2011 9:52 pm

You can NOT terminate the lease unless she agrees. All parties that signed the lease MUST agree to terminate the lease. Don't expect her to agree to terminate and move if you plan on hitting her up for half the termination fee.
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Terminating lease...will my roommate be liable for half of the termination fees?

Postby hob97 » Tue Dec 13, 2011 9:53 pm

If this goes to collections or ends up on your credit report, you both will be liable for the full amount. It will say on both of your credit reports the total amount due and that it is joint with your roommate. It's a bunch of bull. Sorry you're going through this.
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Terminating lease...will my roommate be liable for half of the termination fees?

Postby ji » Tue Dec 13, 2011 9:56 pm

Its less of a "headache for you in the long run and avoiding taking here to court by just finding someone to take over your part of the lease agreement.
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Terminating lease...will my roommate be liable for half of the termination fees?

Postby barclay76 » Tue Dec 13, 2011 9:57 pm

Your situation sucks and is a bunch of B.S.. So sorry to here it. My daughter actually just broke up with her boyfriend and is going through the same stuff, Luckily for her they were month to month, but she to was carrying part of his rent, utilities and he didn't think he needed to pay for groceries. Luckily she got a new apt. and moved out of there a couple days ago.She didn't feel safe. He moved home to his parents last weekend, they are suppose to be out November 9th. So they still have to pay 9 days of November rent, and utilities and of course like you all utilities are in her name. So like I told her, unfortunately there are losers in this world who don't think they need to pay there way, and to save your credit you have to pay it, save your receipts, and file a judgement against your old roommate in small claims court, for her half, its the only way you will probably see any money out of her. The leasing laws need to be changed. Sorry to hear your going through this, I wish you the best in the future. Good Luck.
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Terminating lease...will my roommate be liable for half of the termination fees?

Postby felabeorbt » Tue Dec 13, 2011 10:00 pm

Your situation sucks and is a bunch of B.S.. So sorry to here it. My daughter actually just broke up with her boyfriend and is going through the same stuff, Luckily for her they were month to month, but she to was carrying part of his rent, utilities and he didn't think he needed to pay for groceries. Luckily she got a new apt. and moved out of there a couple days ago.She didn't feel safe. He moved home to his parents last weekend, they are suppose to be out November 9th. So they still have to pay 9 days of November rent, and utilities and of course like you all utilities are in her name. So like I told her, unfortunately there are losers in this world who don't think they need to pay there way, and to save your credit you have to pay it, save your receipts, and file a judgement against your old roommate in small claims court, for her half, its the only way you will probably see any money out of her. The leasing laws need to be changed. Sorry to hear your going through this, I wish you the best in the future. Good Luck.
Yes and no. You can not walk in and terminate a lease that she is signed to. You can terminate your half and if she chooses to stay, she will be responsible for the full rent payment and be required to sign a new lease. If she chooses to leave, then she will be responsible for half of the termination fees, which they will likely not get from her and will then come after you for. But, you can't kick her out and force her to leave. Unfortunately.
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