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  1. #1
    Join Date
    Jan 2008
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    4

    Default Roommate Named On Lease Moves Out In Georgia

    The issue at hand is kind of complex. It takes place in Atlanta, GA.

    Four roommates and myself signed a lease in August 2006 with a one year term, after which the lease would continue month to month. Among these tenants was Charles. Charles decided to move out in January 2008, while still a tenant at will, and kind of left everything to us, despite the fact that we had told him that he was responsible for his share of the rent. (We had verbally agreed to split the rent evenly between the five of us.) Charles's response was that he was "washing his hands of this," and that he had no responsibility to help us do anything at all.

    Eventually, we found someone to take his place. We notified the landlord, who OK'd it, and the new guy, Dave, moved in. Charles wanted his deposit back, but there is an ongoing battle with my landlord regarding some water damage and whose responsibility the water damage is. Dave suggested that Charles write a document stating that any damage traceable to before January 2008 be paid by Charles, and that Dave would pay a deposit to our landlord, who would then send Charles back his deposit. Charles agreed to this but changed his mind.

    Charles is arguing that any damage in the house is the remaining four roommates' problem, that he has no responsibility for any damage in the house, and that he wants his deposit back from the landlord. Dave will move out on Friday if we can't get it settled such that he does not have to lose money on water damage that occurred before he starting living with us.

    The lease has not been changed.

    What comes to mind as a solution? Is Charles still responsible for the rent? Is he responsible for the damage?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Roommate Named On Lease Moves Out, GA

    So Charles was a month to month tenant.

    Did he give proper notice that he was moving out?

    Who was at fault for the water damage?

  3. #3
    Join Date
    Jan 2008
    Posts
    4

    Default Re: Roommate Named On Lease Moves Out, GA

    Charles gave us notice of about 30 days, to which we responded that he was responsible for his room. He did not terminate the lease, as our landlord would not terminate on behalf of one person. (We all signed the lease together as one party. All five original roommates are named.)

    We believe our landlord is responsible for the water damage, but that issue has not been resolved. Our landlord for a period was saying that we let damage occur to the house through neglect, but the architect of the house has told our landlord that the water damage is a structural fault (but not in a legal document--they are casual acquaintances). Our landlord then said that we neglected to inform him when the damage began, but we emailed and called him as soon as we noticed, to which he replied, "I'll deal with it later." We did not hear about how he was going to deal with it for 5 months, until we notified him again and told him it was getting worse.

    Dave's concern is that if the landlord decides to pin the damage on us and a legal battle ensues, he was not present for the time during which we allegedly neglected to inform our landlord and does not have a proper place in the proceedings--nor any responsibility.

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Roommate Named On Lease Moves Out, GA

    You are right, this does get complex.

    If the tenants are at fault for the damage, then you all can expect that it will be deducted from the security deposit. From what you wrote it doesn't sound like you all should be responsible. So that issue may end up in court, and I can see Dave's concern.

    IMO, Charles gave notice and shouldn't be held responsible for any more rent. The landlord approved new tenant, so I would say the new tenant should pay Charles back the share of his security deposit. Dave has now become new tenant and he also needs to give proper notice before vacating.

    Possible solution, get the issue of the damage resolved. If it is found that the original tenants are responsible, deduct Charles' share from the security deposit and send him the balance. If not found liable, don't deduct anything from it.

    You may find this link interesting as well:

    http://www.dca.state.ga.us/housing/H.../secsdeps.html

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