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  1. #1

    Exclamation What to Do if Your Roommate Won't Allow You to Find a Replacement Tenant if You Move

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

    Last week after talking to the dean of the graduate school and some mentors I started thinking about deferring from pharmacy school so I donít waste 40K lots of stress only to switch to dentistry but I wonít decide until July after I take the DATs.
    Last night I told roommate next year about it and told her I would understand if she wants to find someone else to live with and I can help her so we didnít have to wait until July. Long story short, she is being extremely unreasonable and has stated she will not approve of or consider meeting/talking to anyone interested in subleasing my portion of the house if they arenít in our pharmacy class even though everyone in our class already has their living arrangements. I asked her the possibility of letting me sublease to someone in the our program but not our year and she still refused and stated she will not accept any sublease and demanded I find someone to take over both our leases.

    I called the landlord today to figure out what I could do but my roommate had already spoken to her and the landlord told me that my roommate has to approve of my sublease and she cannot and will not force my roommate to live with someone she doesnít know. Our landlord knows my roommate since she was a previous "good" tenant" and I believe she is made up her mind with my roommate due to this previous relationship; I was wondering if it would even be worth it to try to meet with my landlord and get her to understand my side and know me as a person.

    I know I signed my lease but at the time I was sure, and now I am just trying to decide what is best for my future. I know my roommate has to approve of my sublease but I was wondering if she can legally refuse to allow me to sublease to someone without a solid reason other than them not being in our class and she not knowing them.

    Furthermore, I don't know if this makes a difference but is my leasing contract valid if I have not paid my security deposit nor has my parents signed the guarantor form.

  2. #2
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    Default Re: What to Do if Your Roommate Won't Allow You to Find a Replacement Tenant if You M

    As your landlord is willing to sublease, if you find a qualified replacement subtenant who is reasonably acceptable to both your roommate and your landlord, you may defend against any claim for unpaid rent by documenting that fact to the court. However, it can be a steep hill to climb to prove that a proposed replacement roommate is objectively acceptable to your roommate, given that people are allowed to be selective when deciding with whom they will share living quarters.

    If you cannot find a replacement roommate that your landlord and current roommate will accept, you may want to consider seeing if your landlord will allow you to pay an agreed sum of money to cancel the lease.

  3. #3

    Default Re: What to Do if Your Roommate Won't Allow You to Find a Replacement Tenant if You M

    Quote Quoting Mr. Knowitall
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    As your landlord is willing to sublease, if you find a qualified replacement subtenant who is reasonably acceptable to both your roommate and your landlord, you may defend against any claim for unpaid rent by documenting that fact to the court. However, it can be a steep hill to climb to prove that a proposed replacement roommate is objectively acceptable to your roommate, given that people are allowed to be selective when deciding with whom they will share living quarters.

    If you cannot find a replacement roommate that your landlord and current roommate will accept, you may want to consider seeing if your landlord will allow you to pay an agreed sum of money to cancel the lease.
    Thank you so much for your reply. I was hoping to get some potential sublease candidates for her to talk to and determine if she would be willing to live with them. However, my roommate has specifically told me that she will not accept any subleases and is not willing to talk to or consider any potential sub-leasers. I was wondering is there anything I can do? I understand that she has a right to choose whom she lives with and I am under a contract starting in 3 months, but I was wondering is there is anything I can do. Quite frankly, after this debacle I am uncomfortable living with her next school year.

  4. #4
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    Default Re: What to Do if Your Roommate Won't Allow You to Find a Replacement Tenant if You M

    It sounds like you don't have a lot of options. You are obligated to the LL and to your roommate. That your LL is willing to sublease at all is nice, many won't. A sublet won't get you off the hook, though. The person you sublet to will pay you and you're lease is still in effect. If you sublessor doesn't pay you still have to. At least this is my understanding of a sublet.

    You probably won't be able to get out of situation with a sublet, however. Your roommate has made her feeling clear, she won't have another roommate next year. You cannot compel her to live with someone else simply because you changed your mind about school. This is not your roommate's problem. IT's totally legal for her to insist on you honoring your obligation.

    You do have one out, though, but it's not pretty: move out. Move out and see who flinches. OF course, in doing so you shoulder a rather substantial amount of risk. The landlord can sue you and your roommate can sue you and, as you have a contract, you are likely to lose and take a big hit the the wallet and in the credit history.

  5. #5
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    Default Re: What to Do if Your Roommate Won't Allow You to Find a Replacement Tenant if You M

    "I am under a contract starting in 3 months,"

    What contract starts in three months?

    When did your current lease start, and when does it end?

    Does the current lease itself address sub-leasing?

  6. #6

    Default Re: What to Do if Your Roommate Won't Allow You to Find a Replacement Tenant if You M

    Quote Quoting Catmad
    View Post
    "I am under a contract starting in 3 months,"

    What contract starts in three months?

    When did your current lease start, and when does it end?

    Does the current lease itself address sub-leasing?
    The lease that I am trying to sublease has not yet started, and I have not moved into the house. It is a year long term. I believe the lease states that subleasing is acceptable if landlord and roommate agrees. I am not positive. I have requested the landlord provide me a copy of it but she has yet to do so.

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