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  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Roomate On Lease Moved Out, Wants Back In After 6 Months

    I live in a 3 bedroom townhouse in Michigan. We had 4 people living here, all on the lease. There were problems with roommate number 4 and he choose to return to live with his parents where he has been for the last 6 months. We agreed (verbal) at start of lease that we'd splint rent 4 ways, and all would be liable for exactly one fourth utilities, no matter who used what. When he choose to move out we simply decided to split 3-way and continue living there, and not get replacement.

    6 months later, he has been kicked out of his parents house. He feels he has the legal right to force himself back into a place where he has not been paying rent for the previous months.

    Is he able, after changing his domicile to his parents locale to return? If he does choose to go back on his deal to leave, can we go back on our deal to cover his share of rent? i.e. can we charge him back rent/utilities for the months he was not living there?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roomate On Lease Moved Out, Wants Back In After 6 Months

    Is his name still on the lease?

    If yes, he has the right to return. He is still responsible for his portion of the rent for as long as his name is on the lease.

    You can't charge him for back utilities, however, because he was not using them.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Roomate On Lease Moved Out, Wants Back In After 6 Months

    I suspect that it's a bit more complicated than that, with regard to the division of rent, as the lease would normally obligate each of you (jointly and severally) to pay the entire rent. Your landlord simply wants his rent - whether from one of you or all of you - and doesn't care how you allocate responsibility for rent among yourselves.

    If you chose not to get a replacement roommate when #4 moved out, preferring instead to split the apartment, rent and utilities three ways, you could have difficulty trying to lay claim to any past rent, as you have not "mitigated your damages" by trying to bring in a replacement roommate.

    If he lived in the apartment for a while, then was out for six months, the question occurs to me, when does the lease expire?

  4. #4
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Roomate On Lease Moved Out, Wants Back In After 6 Months

    >Is his name still on the lease?
    Yes, though he did go to the landlord and expressed his intent to leave, his name remains on the lease. Would have had to reapply otherwise, which was extra $$ we didn't have

    >If he lived in the apartment for a while, then was out for six months, the question occurs to me, when does the lease expire?
    July of this year. We'd been here for a full 1 year lease, and renewed. He stayed for one month after renewal.

    >as you have not "mitigated your damages" by trying to bring in a replacement roommate.
    While this is true, his intent to move back in tells me he was just looking for a place to stay for a few weeks at a time. It's not his first attempt to come back, though we usually were able to talk him out of it. I would assume we would only need to have mitigated our damages if his intent was to stay gone. It apparently wasn't


    I guess in the end it boils down to us being out of luck, unless there are any other thoughts floating around.

  5. #5
    Join Date
    Jan 2008
    Posts
    8

    Default Re: Roomate On Lease Moved Out, Wants Back In After 6 Months

    Ask your landlord to declare him as having abandoned the property. If he has not shown up in at least 1/2 the time between payments you can declare them to have abandoned the property, here in FL. Look into your local laws.

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