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  1. #1
    Join Date
    May 2015
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    1

    Default Responsibility for a Lease Broken by a Replacement Tenant

    My question involves landlord-tenant law in the State of: Utah
    I have been renting an apartment for about 8 months. My friend who lived across the hall from me wanted to move out of his apartment and found another person to rent it for the remainder of the contract. I liked my friend's apartment more and made a deal with him that I would take over his contract if the person he found would take my contract. The new tenant and I both signed our new contracts, I for my friend's apartment and the new guy for my apartment, but the new guy has never paid the deposit or the first month's rent and is facing probable eviction. Now the landlord is saying that she never signed the contract with the new guy and that his contract would now also be my responsibility if he is evicted.
    This is just ridiculous to me. It was my understanding that when we signed our new contracts, I was out of the old contract and only responsible for my new one. If I had thought that there was a chance of the old contract reverting back to me, then I never would have signed the new one. All I have ever done is been a good tenant who pays his rent on time and takes good care of the apartment. I feel that the landlord had an obligation to inform me that I wasn't out of the old contract yet before allowing me to sign the new one. She should be well aware that I can't live in two apartments. I certainly don't have the money to pay rent for two apartments. Where do I stand in this?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Responsibility for a Lease Broken by a Subtenant

    I can't see the contracts from where I'm sitting, so I'm not in a position to tell you if the new leases were subleases or if they are entirely new leases that end the prior leases. You can figure out if a contract is going to let you "out of the old contract" by reading a contract before you sign it.

    If you chose to sublease your apartment while taking over the lease on a different apartment, then you have legally obligated yourself to pay the rent for both apartments.

    Read the contracts and let us know what they say.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Responsibility for a Lease Broken by a Replacement Tenant

    Quote Quoting 49ers
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    Now the landlord is saying that she never signed the contract with the new guy and that his contract would now also be my responsibility if he is evicted.
    Well, did she sign anything releasing you from your obligation for that apartment?

    If she didn't then she's right.

    Quote Quoting 49ers
    View Post
    I feel that the landlord had an obligation to inform me that I wasn't out of the old contract yet before allowing me to sign the new one.
    No. She had no such obligation. It was your obligation to figure it out.

    Quote Quoting 49ers
    View Post
    I certainly don't have the money to pay rent for two apartments. Where do I stand in this?
    In a deep hole.

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