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Roommate Planning On Subletting Her Room

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  • 03-04-2008, 07:22 PM
    BlitzkriegBob
    Roommate Planning On Subletting Her Room
    My daughter is a student at Indiana University and is in her first year renting a three bedroom apartment with two roommates. As things usually happen, she has had a falling out with the others. They want to move out next year and so my daughter has lined up new roommates. She currently is on a one year lease, ending in August. All three parties signed the lease.

    Today she came across an advertisement that one of her roommates has placed to sublet the roommates' room in the apartment. Subletting is not allowed under the terms of the lease. She talked to her roommate this evening and was informed that the roommate does not want to pay rent for the summer if she is not going to be living there. Will the roommate be able to get permission from the management company to sublet her room if my daughter objects to it? If the roommate is able to gain permission, does my daughter have no say in who the roommate will be?

    My daughter will probably not be there most of the summer, but all of the furniture in the living room belongs to her, and we don't feel that we should have to make other arrangements (storage room) or risk damage to her belongings that might be caused by someone she does not know.

    I appreciate any advice anyone can offer to us. If I am leaving out any needed information, please let me know and I will respond as soon as possible.
  • 03-07-2008, 07:30 AM
    Mr. Knowitall
    Re: Roommate Planning On Subletting Her Room
    I doubt that the management company will permit subtenants over the summer. Such subtenants are a major source of losses to landlords, as they are much more likely to damage a rental unit. Your daughter can start by confirming that they will not permit a summer subtenant. Once she does that, and reports back to you what they say, let us know.

    Roommates can reasonably reject subleasing roommates, with the normal consequence of unreasonable rejection being their loss of any right to rent from the ex-roommate for the period subsequent to the unreasonable rejection. But your daughter is obviously best off if the landlord simply says, "We're enforcing the lease as written."
  • 03-15-2008, 02:42 PM
    BlitzkriegBob
    Re: Roommate Planning On Subletting Her Room
    I apologize for taking so long to reply. Daughter is on spring break this week and she's had a heck of a time getting the management company on the phone. She finally did though, and they told her that her roommate could not sublet without her permission. At the same time, she said they did not seem very concerned about the possibility that her roommate might do it anyway.

    Since the roommate has not removed her advertisement, I told my daughter to put something in writing and submit it to the management company stating her opposition to the subletting of any rooms in her apartment. I told her to also make sure her roommate received a copy of the letter.

    Thank you for your reply, and if you have any other suggestions I would be very appreciative!
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