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  1. #1
    Join Date
    May 2016
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    3

    Default Can Your Roommates Sue You if You Move Out During the Lease and Stop Paying Rent

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

    I will be moving out of state for my job, I would like to get out of the lease before I move. A roommate is threatening they will sue if I don't pay rent. Before we signed the lease, and I have two emailed written proofs from landlord stating, that if one tenant moves out, the others are liable to come up with that tenants share of rent. So my question is, could those roommates sue me? And how could I possibly get off the lease before I move out of state?

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Can a Roommate Sue if Landlord Stated Other Tenants Are Liable if Someone Moves O

    "So my question is, could those roommates sue me?"

    If your roommates have to pay your share of the rent because you broke your portion of the lease, yes.

    " And how could I possibly get off the lease before I move out of state? "

    By finding a suitable replacement for yourself.

    Gail

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Roommate Sue if Landlord Stated Other Tenants Are Liable if Someone Moves O

    You are BOTH liable for the monthly rent. In fact if the roommate breaches the lease the landlord could sue both of you, or even either one and not the other, including you.


    The fact is: you can't get off the lease unless all parties agree to release you from the lease including the landlord and the co-tenant. You may be able to find a replacement tenant but unless there is a Novation, you will still be liable for the same thing you are now, at least to the co-tenant or landlord. Your replacement tenant would be liable to you for those debts should it come to that.

  4. #4
    Join Date
    May 2016
    Posts
    3

    Default Re: Can a Roommate Sue if Landlord Stated Other Tenants Are Liable if Someone Moves O

    Even if the landlord herself stated that if one tenant was to move out the others living there are liable to pay the whole rent? Covering the tenant moving out?

    This is what the landlord told me "The lease can be rewritten for 2 tenants, but the rent is $1200 whether there are two or three living there. If your name is removed, they need to know that they are still
    liable for the full payment. You should work it out among yourselves, but
    if a third renter is selected, they will need to be approved by me." But my other roommates are being difficult and said they won't look for a third roommate.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Roommate Sue if Landlord Stated Other Tenants Are Liable if Someone Moves O

    The lease cannot be re-written unless all parties to the lease agree to it. While the landlord can not seek money from you should there be money owed when the the existing lease ends, just as well, they can come after you for the money.

  6. #6
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Can a Roommate Sue if Landlord Stated Other Tenants Are Liable if Someone Moves O

    They don't have to look for a new roommate. They don't care if there's a new one or not, and will probably be happier without one, as long as you still pay. What the landlord says is that she doesn't care who pays the rent, as long as it's paid. Whether she gets it from 2 or three tenants (all of whom she must approve), it remains the same $1200. If your lease obligates you to pay monthly rent for a certain term, then that's what you have agreed to do. If you want to leave, find a replacement that everyone approves, and go. If you don't replace yourself, then you are still liable for the contract you signed. In practical terms, if you bail, they are going to have to continue to pay $1200, so may eventually try to find a roommate themselves. But they can sue you for rent due before they find one, for a period of time. Most Judges (around here) seem to hold the tenant who leaves responsible for two or three months rent.

  7. #7
    Join Date
    May 2016
    Posts
    3

    Default Re: Can a Roommate Sue if Landlord Stated Other Tenants Are Liable if Someone Moves O

    I see, thank you to all who replied!

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