Lease/Security deposit

Previous | Next
 rated by 0 users
Latest post Wed, Oct 12 2016 10:42 AM by Drew. 2 replies.
  • Wed, Oct 12 2016 6:46 AM

    • genti1e0
      Consumer
    • Not Ranked
    • Joined on Wed, Oct 12 2016
    • PA
    • Posts 2

    Lease/Security deposit

    In april 2015 myself, girlfriend and two friends moved into a town home together. We all signed the lease and paid the security deposit. In october 2015 one of the roommates decided he just didnt want to stay there anymore and stopped coming home and has'nt come home since. In february of 2016 my girlfriend and I broke up and she moved home, after a few months of only being two of us in the house we decided to bring in another friend to take my girlfriends spot in the house. Due to only being three bedrooms (my girlfriend and I shared the big one at the time) the new roommate took the roommate who stopped living theres room. This entire time that room was empty and even after the new roommate moved in I offered to give up my room and move into the basement or have the old roommate come back and take the basment or my room. There was also a room available to him at the house. Due to him and I being in business together and not being able to pay the rent for the house we had to mix our business accounts with my personal account to make sure rent was paid. Also i have 4 different text occasions where i asked him for his portion of the utilities to be paid and he never gave me a penny. Now we are separating in our business venture and due to him mixing business accounts with personal account and his personal use with the business account things are getting very hazy and confusing. I'm wondering if anyone can tell me since his name is still on the lease until april 2017(two year lease) if he is entitled to pay the rent and utilities until then. His name is still on the lease and a room still available to him and there was no dispute to him leaving he just decided he didn't want to anymore. Those are pretty much all the details but if you need more feel free to ask, thank you!!

  • Wed, Oct 12 2016 8:39 AM In reply to

    Re: Lease/Security deposit

    genti1e0:
    Due to him and I being in business together. . . .

    Are you talking about the roommate who moved out in October 2015 or the new roommate?

     

    genti1e0:
    I'm wondering if anyone can tell me since his name is still on the lease until april 2017(two year lease) if he is entitled to pay the rent and utilities until then.

    Here, I assume you're talking about the roommate who moved out in October 2015.  In any event, yes, he's "ENTITLED to pay the rent and utilities."  ANYONE is "entitled" to do that.  If your intent was to ask whether he's OBLIGATED to pay, unless your lease is very unusual, all four of the tenants are obligated to the landlord for the payment of rent (and anything else provided for in the lease) until the lease is terminated.  I would also argue that an implied contract exists between the four roommates to the effect that each roommate is obligated to the other roommates for the agreed share of rent.  However, one would have to do some legal research to confirm that such an obligation would be enforceable (unless, of course, the four of you entered into a roommate agreement that expressly spelled out your rights and responsibilities with respect to each other).

  • Wed, Oct 12 2016 10:42 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Lease/Security deposit

    Odds are all four of you are jointly and separately on the hook for all the rent to LL......but you n Ed to post what if any contract existed among the 4 of you as to how to split whatever ...that's a key starting point....BTW, a 2 year deal as to splits may need to be in writing to hold up...oral long term deals might run afoul of PAs statute on frauds ..

    IF any of the other three broke a duty to pay whatever...time to sue them? 

     



Page 1 of 1 (3 items) | RSS

My Community

Community Membership New Users: Search Community