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  1. #1
    Join Date
    Oct 2015
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    Default Roommate Won't Sign a Release Form

    My question involves landlord-tenant law in the State of: Massachusetts

    I notified my roommate on October 4 that I intended to move out of our current apartment by November 1, which gave him 4 weeks to find a replacement roommate. My lease expired on October 15th and I have not signed a new lease for another year. The apartment complex manager, however, mentioned that if a new lease isn't signed, it automatically converts to a month-to-month lease. I have paid a full month's rent for the month of October, but have not done so yet for November.

    The manager says we have three options: either both of us move out (in which case we need to give him 30 days notice to market the apartment), the roommate stays by himself (he needs to qualify on his own), or he finds a new roommate. For the latter two options, the roommate needs to sign a release form to take me off the lease.

    My roommate decided that he wants to stay in the apartment, so we have put up ads on various sites. The problem is that I don't think my roommate is trying very hard to find a replacement. In 3 weeks, he has not interviewed a single potential roommate. I've sent him 4 or 5 possibilities, but I don't think he has found them acceptable.

    What rights do I have if my roommate does not sign the release form by the end of October? Do I have to pay rent for the month of November, even though I don't live there anymore? Can he drag this out indefinitely, forcing me to pay rent while he takes months to find a replacement? How can I get my apartment manager to take me off of the lease? Can I tell them we are giving them 30 days notice to market the apartment, even if my roommate wants to stay there?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Roommate Won't Sign a Release Form

    Important question.

    Did you and your roommate sign a joint lease, both your signatures on one contract, or do you each have a separate contract with the landlord?

    Now you know why it's never a good idea to rent with roommates.

  3. #3
    Join Date
    Oct 2015
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    3

    Default Re: Roommate Won't Sign a Release Form

    Quote Quoting adjusterjack
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    Important question.

    Did you and your roommate sign a joint lease, both your signatures on one contract, or do you each have a separate contract with the landlord?

    Now you know why it's never a good idea to rent with roommates.
    Both signatures are on one contract.

  4. #4
    Join Date
    Jun 2015
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    Default Re: Roommate Won't Sign a Release Form

    OUCH ...Perhaps a bit of bluffing might induce a signature..you line up a financially equivalent replacement " tenant" that he is sure to dislike ...aNd present him or her as an ideal,replacement .

    Right now you remain on the hook while roommate has prospect of everything his way ...

  5. #5
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    Mar 2013
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    Default Re: Roommate Won't Sign a Release Form

    Quote Quoting nimo956
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    Both signatures are on one contract.
    Then you are stuck with the obligation to be responsible for your roommate's obligations as long as he remains.

    To repeat: Roommate arrangements - very, very bad.

  6. #6
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    Jun 2015
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    Default Re: Roommate Won't Sign a Release Form

    There may be one more wrinkle...in NJ the LANDLORD has the duty to seek to mitigate if the lease is breeched......so if you merely move out that sort of puts RM in crosshairs to either get the full rent paid timely OR suffer the issues of broken lease. True , LL can elect to chase both of you ...

  7. #7
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    Default Re: Roommate Won't Sign a Release Form

    Quote Quoting nimo956
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    I notified my roommate on October 4 that I intended to move out of our current apartment by November 1, which gave him 4 weeks to find a replacement roommate.
    While it is appropriate to also inform your roommate that you are moving, to be legally effective notice must be give to the landlord. In your state, that notice should be written, and should be for the greater of thirty days or a full rental period. See MGL Ch. 186 Sec. 12. You should verify that you did not agree to give greater notice as a term of your lease agreement. You should try to get your landlord to give you some form of written acceptance of your notice.
    Quote Quoting nimo956
    The manager says we have three options: either both of us move out (in which case we need to give him 30 days notice to market the apartment), the roommate stays by himself (he needs to qualify on his own), or he finds a new roommate. For the latter two options, the roommate needs to sign a release form to take me off the lease.
    Your landlord does not need a release to proceed with the latter options. He simply needs to enter into a new, superseding rental agreement with your roommate that excludes you as a tenant. I don't know what your landlord is thinking.
    Quote Quoting nimo956
    What rights do I have if my roommate does not sign the release form by the end of October?
    Have you given written notice to your landlord? If you have not done so, then you are already on the hook for November rent.

    Once you give notice, your landlord has three options:

    1. He can instruct you both to move out. If he gives notice to quit and your roommate refuses to leave, he may name you to any subsequent eviction action and odds are your lease would obligate you to pay rent through the end of the holdover period.

    2. He can enter into a new lease with your roommate. The new lease would supersede the existing lease, and you would no longer be a party to the lease.

    3. He can accept rent from your ex-roommate without making a clear decision as to whether he's terminated your old lease or if he's continuing it on a month-to-month basis. Absent a clear release of you from your landlord, this third approach leaves open the possibility that if your roommate eventually defaults, or if your roommate causes damage to the unit, the landlord might try to pursue you for the damage or rent owed.

    Contrary to what some others have suggested, if you give proper notice to your landlord at the end of a lease term or to end a month-to-month tenancy, you're not forever on the hook as what amounts to a guarantor of your ex-roommate's continuing rent obligations. However, if your landlord is not going to explicitly release you from further obligation and does not plan on entering into a new lease with your roommate, and your roommate does not plan to move out, it would make sense for you to have your lease reviewed by a Massachusetts real estate lawyer to clarify your rights and duties under the lease, and in relation to the security deposit. You may want to have a lawyer write a letter to the landlord, clarifying your obligations once you give proper notice and move out of the premises.

  8. #8
    Join Date
    Oct 2015
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    3

    Default Re: Roommate Won't Sign a Release Form

    Quote Quoting Mr. Knowitall
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    Have you given written notice to your landlord? If you have not done so, then you are already on the hook for November rent.
    I sent an email to the apartment manager on October 5 stating that I would not be renewing the lease, which expired on October 15th. I mentioned that I planned on moving out at the end of the month (which they said was fine since the mid-month lease expiry date was due to a longer than expected renovation the previous year).

    I followed up on Oct 13, clarifying that I wouldn't owe rent for November. I said that I paid rent for the month of October and asked him to confirm that I wouldn't owe money to the apartment complex after the end of the month.

    That is when he wrote back with the 3 options, stating that if the current roommate chooses to stay alone or replace me with another roommate, we'd both need to sign a roommate release form.

    My roommate and I also sat down with him in person on Oct 17 to review the 3 options, including the roommate release form.

    Have I given official notice? The current manager seems to feel that I haven't. He mentioned that they treat the apartment as a whole, so both roommates would need to inform him that we are leaving.

    Sorry if anything is unclear. This is getting confusing (for me at least!), so please ask any clarifying questions if needed.

    Edit: Also, what immediate steps do I need to take, since the end of the month is fast approaching? I plan on reviewing a copy of my lease agreement today. Also, should I pay rent on Nov. 1, or will that be money down the drain?

  9. #9
    Join Date
    Jun 2015
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    Default Re: Roommate Won't Sign a Release Form

    Sorry I may have misread the state...but other than NY , the LL most places has duty to mitigate if there is a breech.
    Agree you want a lawyer to,clarify your duties under the existing lease.

    I am not so sure that one tenant under a joint and several lease can unilaterally get off an existing lease that rolls over momtH to month at the end WO a surrender at which time security and damages if any are squared up...LL and other tenant are free to execute such new lease as they may desire ..and you go your separate way...Now a willing Ll can execute about the same thing by a one sided contract to release OP ...but nothing says LL need do so.

    - - - Updated - - -

    OP it's entirely possible that you can give Ll a pile of notices but until and unless there is a mutual surrender of the whole you remain exposed if other,person drops the ball?

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