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  1. #1
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    Default Can A Roommate Evict a Subtenant In Wisconsin

    I sublet my bedroom in my apartment that I shared with one other girl. On June 1, I had an appointment with my apartment manager for the subtenant & I to sign the sublease. He was an hour late, and when he did arrive, all he did was cross out my name & SSN on the original lease and have the subtenant sign his name and write in his SSN. He also did not give me a copy of the sublease, and I forgot to ask. He keeps saying he will fax it to me, but he hasn't yet.

    Yesterday, June 15, I received a call from the owner of the apartment building saying that my roommate had kicked my subtenant out on the first night, so they needed ME to pay June rent. I got them to agree to only half rent, since they waited 2 weeks before telling me about this.

    My question is, did she have the right to evict him? And since my name was crossed off the lease, am I still required to continue paying rent? I live in Milwaukee, Wisconsin. The guy is a grad student at Harvard and the most polite person I've ever met, so I can't imagine he had a) violated the terms of the lease, or b) threatened physical violence upon her.

    An very vague excerpt from my original lease states, "If Landlord consents to an assignment or sublease, such consent shall in no way relieve Tenant of Tenant's liability under this lease." But if my subletter has no liability at all, then what was the point of the sublease?

    I was also told that I need to find another subletter. Why is that my responsibility? I no longer have a key to the apartment, so I'm not even able to show the place to prospective renters. Please help...

  2. #2
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    Default Re: Can A Roommate Evict a Subtenant In Wisconsin

    What you seem to be saying is that there is not an actual sublease, but instead your name was stricken off of the original lease and the "subtenant" was added as a replacement tenant. If I understand that correctly, you have a very strong argument that you were released from your obligations under the lease. Even an assignment of rights would more properly be done through a separate document or addendum, not by striking off a former tenant's name and adding a new tenant. There may be prior Wisconsin court decisions which help clarify your rights under this type of situation, so you may wish to try to talk to a lawyer about the implications of your landlord's actions. (You may be able to get a free consultation, a brief consultation with a legal aid lawyer or law school clinic lawyer, or information through a tenant's union if one exists in your area. If you're a college student, you can check to see if your college offers student legal services.)

    You can also inform your landlord that your ex-roommate's eviction of the new subtenant was unreasonable (and inappropriate, if my prior interpretation is correct, as the new subtenant was on a lease with the landlord, not your former roommate), and that he should be pursuing your ex-roommate for any rents he has not been able to collect due to that unreasonable action.

  3. #3
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    Default Re: Can A Roommate Evict a Subtenant In Wisconsin

    Thanks for the reply -- I talked to a couple lawyers today, and it's not really getting me anywhere, so you're really the only resource I have right now.

    What do you know about roommate veto power? It turns out my landlord allowed my roommate to veto the change to the lease (the subtenant), after I had already gotten the landlord's approval. But, my lease says nothing about veto power. It looks like the landlord gave into the roommate when he shouldn't have.

    Do you know if veto power is a "common law" goes unsaid, or if it needs to be specifically stated in the lease?

  4. #4
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    Default Re: Can A Roommate Evict a Subtenant In Wisconsin

    Did your roommate actually approve the subtenant on a prior occasion? What reasons were given for the rejection?

  5. #5
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    Default Re: Can A Roommate Evict a Subtenant In Wisconsin

    On May 29, I told her that I still looking for a female roommate for her, but that if I couldn't find one, that he would be moving in. She expressed no problem with that at the time, but changed her mind after he moved in. The reason for rejection seems to be solely because he was a man.

    Does she have veto power?

  6. #6
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    Default Re: Can A Roommate Evict a Subtenant In Wisconsin

    It's not a "veto power", but a roommate can reasonably reject a proposed substitute roommate. You apparently never sought her actual approval.

    The key for your obligation to your landlord, though, is whether you were released from your obligations or whether you can still be held to the clause in the lease holding you responsible. Check with a local real estate lawyer.

  7. #7
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    Default Re: Can A Roommate Evict a Subtenant In Wisconsin

    Quote Quoting aaron
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    It's not a "veto power", but a roommate can reasonably reject a proposed substitute roommate. You apparently never sought her actual approval.

    The key for your obligation to your landlord, though, is whether you were released from your obligations or whether you can still be held to the clause in the lease holding you responsible. Check with a local real estate lawyer.
    I got her actual approval. She changed her mind after he moved in. The thing is that she rejected him AFTER the landlord had approved him and he was moved in. Do you know if that is legal?

    I know I am not released from my obligation, but I am trying to argue that they unreasonably evicted him.

  8. #8
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    Default Re: Can A Roommate Evict a Subtenant In Wisconsin

    You said that you told her that he was the possible roommate of last choice if you couldn't find anybody else. Now you say she okayed him when you told her that you couldn't find anybody else. You seem to be changing your story.

    If you wish, you can sue your former roommate over the rent you have to pay if you think you can make the case that she unreasonably rejected the proposed roommate. Did you do anything to find an acceptable alternative roommate after that happened?

  9. #9
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    Default Re: Can A Roommate Evict a Subtenant In Wisconsin

    Quote Quoting Mr. Knowitall
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    You said that you told her that he was the possible roommate of last choice if you couldn't find anybody else. Now you say she okayed him when you told her that you couldn't find anybody else. You seem to be changing your story.

    If you wish, you can sue your former roommate over the rent you have to pay if you think you can make the case that she unreasonably rejected the proposed roommate. Did you do anything to find an acceptable alternative roommate after that happened?
    I am not changing my story. He WAS the last resort, but she said it would be fine if he moved in, even though we didn't know at that time that he would for sure. I asked her if she had any hesitation about him being male, and she said no. This all happened on June 3 and they just told me on Friday (the 15th). I put out 3 ads immediately.

    What counts as "unreasonable rejection"?

  10. #10
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    Default Re: Can A Roommate Evict a Subtenant In Wisconsin

    Unreasonable under the circumstances, as determined on a case-by-case basis.

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