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[Skiesofwonder]

I live in Georgia. There are three of us in a three bedroom apartment. All three of our names are on the lease.

Basically we just don't get along (actually one doesn't get along with the other two). So one is threatening to move out in a week (while paying for her share of October) and wants us to sign a form saying we give her permission to remove her name from the lease with no repercussions. The problem is that the two of us can't float a three bedroom apartment financially, and would be forced to transfer to a two bedroom apartment. The transfer fee is $300, and the rent will be about $50 more a month (each) then what we are paying right now.

The two of us are both fine with moving to a two bedroom apartment, but we don't feel as if we should have to pay the transfer fee when it is the other roommate trying to get out of the lease, which is putting us in this bind. If we don't sign the form, then her name will still be on the lease even if she moves out and we will have to float a three-bedroom apartment. She wouldn't be able to put her name on another lease (is that correct?) and we could eventually take her to court, but I would rather not take that course of action because we are all in the same field in college (140 in our class) and things would be extremely awkward.... even more so then now. Also, we would have to find a new roommate which could go either way.

What is the best course of action to try and make her pay the transfer fee?

 

[Mammoth Jones]

Why should she pay the transfer fee because you don't want to?

She could just pack her shit and bounce and tell ya'll to kick rocks but at least she's communicating. But it's not her responsibility to help you guys get a new place. Does her leaving put the two of you in a bind? Sure. But that's not her responsibility.

Take the "L" and split the 300$ two ways. That's 150$ a pop. Let her pay her share of October and give her permission to remove her name off the lease. Problem solved.

 

[Skiesofwonder]

Why should she pay the transfer fee because you don't want to?

Because her other option to release her name from the lease is a buy-out fee of $2,700.

 

[pizza dog]

Should be easy enough to find a sub letter? Landlord should let her transfer her share in the lease to someone else if you find a new third.

 

[Mammoth Jones]

Because her other option to release her name from the lease is a buy-out fee of $2,700.

You left that part out. Please elaborate.

 

[WascallyWabbit]

wants us to sign a form saying we give her permission to remove her name from the lease with no repercussions.

Why would you agree to doing this?

 

[andycapps]

Come back to the CFB thread, OP. Also, I think she should pay her share of the transfer fee. She's obligated to the full lease, so anything less than that is a favor to her. She could pay you the full amount of her lease up front, or you could have her pay a portion of the transfer fee.

 

[Somnid]

If she breaks lease the landlord will take her to court or she pays a massive fee. She doesn't want that so she'll probably find someone to sub-lease. She has no bargaining leverage here, don't do anything.

 

[5amshift]

Just find a new room mate quick, then sign her off the lease.

 

[Skiesofwonder]

Should be easy enough to find a sub letter? Landlord should let her transfer her share in the lease to someone else if you find a new third.

She won't take the effort to find one and gave me a week notice on her moving out. It's in the middle of the semester so I imagine finding someone for November would be tough.

You left that part out. Please elaborate.

From my understanding, if you pay three months of rent you can terminate the lease.

Us signing for her removal from the lease or either her terminating the lease is the only way she can remove her name from the lease.

Why would you agree to doing this?

I have no earthly clue.

 

[jgmo870]

Tell her to find a subletter or pay the transfer fee, otherwise you won't sign. If she just abandons you guys, talk to the landlord.

 

[Trojita]

Don't sign anything.

 

[DJ_Lae]

and wants us to sign a form saying we give her permission to remove her name from the lease with no repercussions.

I love this, she somehow thinks that you guys will let her off scot-free.

I bet she wants this. She isn't going to get it, though.

 

[teruterubozu]

You really need to check your rent contract and see if there is a Joint and Several Liability clause, meaning it doesn't matter who breaks the contract - you are all liable. It's pretty common because landlords don't want to deal with internal disputes.

 

[Mesoian]

Don't sign anything. It's her legal responsibility to find a sublet tenant that the 3 of you agree on for the rest of her stint on the lease. She's legally responsible for her share of the rent until the term is up and since her name is on the lease, the landlord can go directly after her. You're not on the hook for this one.

 

[Zaraki_Kenpachi]

You left that part out. Please elaborate.

She signed a lease, how would she not be on the hook for it? She can move all she wants, she still has to pay for the apartment, she signed an agreement. I'm not sure why you would ever think otherwise.

And OP, don't sign anything.

 

[dramatis]

You guys can pool together to find a roommate to replace her, or split the transfer fee 3 ways so you each pay 100. Don't promise her anything unless she coughs up something.

I've been left behind by a roommate before. Honestly, if you don't want live out the full lease you should be prepared for repercussions.

 

[studyguy]

wants us to sign a form saying we give her permission to remove her name from the lease with no repercussions.

Fuck. That. Shit.
At least they're talking it out, had a friend who had two roomates split on him after he left for a weekend. Could be worse, but please don't agree to that.

 

[Skiesofwonder]

The thing is the property manager told me that I should sign it. This is at a apartment complex so her name can't be removed from the lease unless we all agree, right? Like the property manager just can't remove it without consulting us?

I basically told her that I was cool moving to a two bedroom apartment but my roommate and I couldn't float the transfer fee (we could but I don't feel like we should). We are all having a conference tomorrow, and she said that maybe all three of us could split the fee. I still don't think that is fair. Also we got one copy of the lease and I never saw it. The person who is moving out has been hoarding it and obviously won't give it to me now. Can I get another copy?

 

[Zaraki_Kenpachi]

The thing is the property manager told me that I should sign it. This is at a apartment complex so her name can't be removed from the lease unless we all agree, right? Like the property manager just can't remove it without consulting us?

I basically told her that I was cool moving to a two bedroom apartment but my roommate and I couldn't float the transfer fee (we could but I don't feel like we should). We are all having a conference tomorrow, and she said that maybe all three of us could split the fee. I still don't think that is fair. Also we got one copy of the lease and I never saw it. The person who is moving out has been hoarding it and obviously won't give it to me now. Can I get another copy?

I can't see how the property manager can just remove her, or why he would want to since he just loses money/has bigger headaches that way. Property manager should also be able to give you a copy of the lease.

 

[Mammoth Jones]

She signed a lease, how would she not be on the hook for it? She can move all she wants, she still has to pay for the apartment, she signed an agreement. I'm not sure why you would ever think otherwise.

And OP, don't sign anything.

Just wasn't sure. I get it now. Yea, I wouldn't let her out of shit.

 

[Permanently A]

Seems to me the one who doesn't get along with the other two should pay the transfer because its causing you guys to transfer in the first place.

 

[Trojita]

The thing is the property manager told me that I should sign it. This is at a apartment complex so her name can't be removed from the lease unless we all agree, right? Like the property manager just can't remove it without consulting us?

I basically told her that I was cool moving to a two bedroom apartment but my roommate and I couldn't float the transfer fee (we could but I don't feel like we should). We are all having a conference tomorrow, and she said that maybe all three of us could split the fee. I still don't think that is fair. Also we got one copy of the lease and I never saw it. The person who is moving out has been hoarding it and obviously won't give it to me now. Can I get another copy?

Either ask for the fee to be waived or have the roommate leaving pay out an amount equal to 1/3 the rent for 3 months to the both of you.

 

[tmarques]

she said that maybe all three of us could split the fee. I still don't think that is fair.

I think it does, since you don't seem to want her around either. 100 bucks isn't all that much compared to the waste of time and headaches fighting her over this would bring.

 

[Koomaster]

Because her other option to release her name from the lease is a buy-out fee of $2,700.

Spell this out for her; she wants to leave so bad, pay the $2,700 or pay the $300 - her choice. Don't sign anything absolving her of anything. You will also probably want the landlord to inspect the property as if you were all moving out for the purposes of any fees for cleaning/repairs that you guys would be responsible for so you can split the cost 3 ways and make sure she pays her part.

 

[TunaMarshmallow]

This really depends on the content of your agreement and the prevailing laws.

Is this a joint tenancy? Tenancy in entirety? Tenancy in common?

Also, regardless of that, many jurisdictions require property owners (and remaining tenants) to mitigate damages. This means that if she just picked up and left at the end of September, while leaving rent for October, it's very lucky that anyone could recover anything from her in small claims court, unless the party convinced the judge/arbitrator that it was impossible to find a new/replacement tenant within the month of October (i.e., by Nov 1).

You need to look into this shit. Do not ask GAF.

 

[Jackpot]

Yes, she should pay the transfer fees. From my own limited experience here in the UK if I wanted to bail on a lease the landlord would keep my deposit and demand I find someone to take my room before releasing me from the tenancy contract.

 

[Skiesofwonder]

I think it does, since you don't seem to want her around either. 100 bucks isn't all that much compared to the waste of time and headaches fighting her over this would bring.

Yeah but that isn't the only fee we will have to deal with. We will have a prorated fee for November (the time we spent in three bedroom + two bedroom), the headache and fees of having to move to another apartment, and increased rent + utilities. Her currently legal obligation is her portion of the rent for the next 10 months (apartment originally told us that they could go after the tenants individually if they bailed), her wanting to bail on us shouldn't just be I pay rent for this month then screw you and your financial plans.


This all stemmed from her trying to control every little thing in the apartment. The AC had to be no lower then 78 degrees, she made rules (without asking us) on what we should be contributing and cleaning, tried to rope us into chipping in on her glutten-free diet (she would cook and we would all pay a third) then got mad when we said no, constantly used my pans + and the other roommates dishes without cleaning them after use and then complained about the kitchen being dirty, made over 13 complaints about the upstairs neighbors (without asking us even though that directly effected us considering they hate us now), and refused to talk about or participate in a scenario where we all made rules that we all agreed upon. I just feel like her getting out with only paying rent and putting us in another bind just isn't fair.

 

[ghst]

is this a big deal in america? you can't force someone to stay against their will, but you can insist on them putting the legwork into finding someone else to take their room.

it's super common in the UK. people just come and go.

 

[WascallyWabbit]

OP are you a male or female? Just curious

 

[Skiesofwonder]

OP are you a male or female? Just curious

Male.

 

[Not Spaceghost]

Don't most leases have a clause where if someone wants to drop they must find a new person to sub lease?

Make her find you guys a new room mate and then tell her she's free to go.

 

[WascallyWabbit]

Male.

Interesting. Are/were you legit friends before you lived with your roommate? Not sure if I would live with someone of the opposite sex unless they were a friend already

 

[pargonta]

Don't most leases have a clause where if someone wants to drop they must find a new person to sub lease?

Make her find you guys a new room mate and then tell her she's free to go.

that's not her responsibility though really. she should attempt to mitigate damages for sure.. ie do some minor searching on craigslist, but if she doesn't find anyone she is still free to go as a free person.

1 week is kinda short notice though. op definitely get a copy of the lease to read through.

 

[Deleted member 1159]

Tell her to pay the transfer fee and that by allowing her to do so you're doing her a favor, because that's exactly what you'd be doing in moving yourself and paying more monthly in order to let her out of her early termination fee.

Seriously.

 

[Angry Grimace]

I honestly think the best answer you'd get is from a first-year law student since everyone else very quickly forgets the rules on leases.

If I had to guess, if she just leaves and doesn't pay the rent, you are liable to pay all of it and then you could theoretically sue the old roommate to get her share, but that's kind of an untenable arrangement. I imagine you could negotiate that as leverage for her to pay the transfer fee.

that's not her responsibility though really. she should attempt to mitigate damages for sure.. ie do some minor searching on craigslist, but if she doesn't find anyone she is still free to go as a free person.

1 week is kinda short notice though. op definitely get a copy of the lease to read through.

Leases don't really work like "free to go when you want." You generally have to give a specific amount of notice and if its a lease for a specific period of time, that can be even more difficult.

 

[ChainedMaster]

that's not her responsibility though really. she should attempt to mitigate damages for sure.. ie do some minor searching on craigslist, but if she doesn't find anyone she is still free to go as a free person.

1 week is kinda short notice though. op definitely get a copy of the lease to read through.

Free to go as in owing thousands of dollars, sure. She's 'free to go'.

 

[Willectro]

Male.

Why would you agree to doing this?

her

Lol.

Honestly though OP, I wouldn't sign anything releasing her from her obligations on the lease if it is going to end up costing you anything. You guys should either work out the issues or she can pay for the inconvenience.

 

[Jeffrey Lebowski]

Let her move out. Eat the transfer fee. Move on with your life.

 

[Zoolader]

Ya don't let her off so easy, especially if you would have to move into to a different 2 bedroom apartment and pay more every month. I'm sure there is a big some of money owed for breaking the lease aswell, is she not wanting to pay that either? She is being so irrational I feel like there is more to the story but I know there are people that exist like that.

 

[UltimaPooh]

Why should she pay the transfer fee because you don't want to?

She could just pack her shit and bounce and tell ya'll to kick rocks but at least she's communicating. But it's not her responsibility to help you guys get a new place. Does her leaving put the two of you in a bind? Sure. But that's not her responsibility.

Take the "L" and split the 300$ two ways. That's 150$ a pop. Let her pay her share of October and give her permission to remove her name off the lease. Problem solved.

It is if her name is on the lease.

The fair thing to do is have her cover October and a hundred on the transfer fee.

 

[Lucario]

Yeah but that isn't the only fee we will have to deal with. We will have a prorated fee for November (the time we spent in three bedroom + two bedroom), the headache and fees of having to move to another apartment, and increased rent + utilities. Her currently legal obligation is her portion of the rent for the next 10 months (apartment originally told us that they could go after the tenants individually if they bailed), her wanting to bail on us shouldn't just be I pay rent for this month then screw you and your financial plans.


This all stemmed from her trying to control every little thing in the apartment. The AC had to be no lower then 78 degrees, she made rules (without asking us) on what we should be contributing and cleaning, tried to rope us into chipping in on her glutten-free diet (she would cook and we would all pay a third) then got mad when we said no, constantly used my pans + and the other roommates dishes without cleaning them after use and then complained about the kitchen being dirty, made over 13 complaints about the upstairs neighbors (without asking us even though that directly effected us considering they hate us now), and refused to talk about or participate in a scenario where we all made rules that we all agreed upon. I just feel like her getting out with only paying rent and putting us in another bind just isn't fair.

Holy shit, this exact situation happened to me, right down to the weird diet and forced chipping in on grocery trips.

Ended up with her in a suite for seven weeks. Best of luck, OP, but if it's really that bad.... Just pay the $100. It's worth it to get rid of her.

 

[andycapps]

The thing is the property manager told me that I should sign it. This is at a apartment complex so her name can't be removed from the lease unless we all agree, right? Like the property manager just can't remove it without consulting us?

I basically told her that I was cool moving to a two bedroom apartment but my roommate and I couldn't float the transfer fee (we could but I don't feel like we should). We are all having a conference tomorrow, and she said that maybe all three of us could split the fee. I still don't think that is fair. Also we got one copy of the lease and I never saw it. The person who is moving out has been hoarding it and obviously won't give it to me now. Can I get another copy?

It's none of the property manager's business and I doubt they could remove her name unless you agreed. Maybe she could cover $200 of the transfer fee and you and your roommate split the remaining $100. Or, she could find another roommate that you like and they could take over her portion of the lease.

 

[Valnen]

Let her move out. Eat the transfer fee. Move on with your life.

Sounds to me like they can't afford the transfer fee and rent.

Tell her to find a replacement roommate or she's not moving out. That simple.

 

[EsotericManiac]

lol

mammoth jones clearly know zilch about leases.


if she wants out of the lease, you should make it under your terms. it's clear she's the person who has the problem with the other two tenants. it should be on her to make it right with you guys to terminate her part of the lease

 

[THRILLH0]

So let me get this right: she made your life a living hell and is now volunteering to leave you alone yet you want to go to war over $300 bucks?

Edit: she suggested splitting the fee? This is an easy decision. It's 100 bucks each...

 

[Zaph]

Call her bluff.

I'm going to take a guess and say she's somewhat intelligent. If so she doesn't want to be taken to court or risk having her credit damaged.

Inform her that you're willing to take her name off the lease in exchange for $300 (transfer fee) + $100 x months remaining on lease (for the rent increase) + moving expenses.

Those three things should still come in way under buying out of the lease directly.

If she says no (which is ridiculous because she's getting a good deal), teach her a lesson in signing legally enforceable documents. If she's willing to negotiate, only budge on the $100xMonths remaining. Nothing else as they are costs directly attributed to her.

Don't be a doormat like some of these posts are telling you to. Obnoxious people thrive on other people who are willing to roll-over because they're sick of their shit.

 

[Valnen]

So let me get this right: she made your life a living hell and is now volunteering to leave you alone yet you want to go to war over $300 bucks?

$300 isn't an insignificant amount of money to someone who needs roommates to live. That kind of money could mean bills not getting paid or food not getting bought.

 

[Mudkips]

1: Get a copy of the lease. If the property manager won't provide one, find a lawyer or a housing assistance office in your area and explain the situation. Once you get a copy, make sure it hasn't been altered.

2: Do not sign anything the vacating tenant OR the property manager asks you to. Both are trying to fuck you over. The property manager just wants the money to come in. They don't want to have to chase down the person who's bailing and take them to court for it.

3: The vacating tenant is on the hook for the rent for the term of the lease unless all parties agree to let her out of it or there are circumstances that make the place unlivable. Assuming you guys aren't running a cock fighting ring and the building isn't made primarily of mold, she's on the hook. It is her responsibility to pay her portion of the rent or to find someone else (that all other parties agree on) who will.

4: Even if the vacating tenant is legally responsible for her share of the rent, the property manager can and will make your life hell for not ponying up the full rent amount each month. They want that money. When dealing with them you must remember that their prime motivation for any solution they offer is them getting the money with as little effort or delay as possible.

Your best option is to move into the 2 bedroom apartment, demand the vacating tenant (or the property manager) eat the $300 transfer fee (why is there such a fee?), AND pay for the increased rent for the remainder of the year. She's responsible for her share of the rent for every day she's on the lease, the $300 fee, and the $100 more per month for the remainder of lease.

If she doesn't like that, tell her she can:

A: Choose to keep the current contract where she's responsible for her share of the rent for the remainder of the lease and get sued for it + court costs when she ultimately doesn't pay.

B: Help find a suitable roommate to take over her portion of the rent while continuing to pay her portion of the rent until then.

If she chooses to just bail, remember that you have an obligation to minimize damages. You can't just sit there and do nothing and then sue her (or the property manager sue her) for the rent at the end of the lease. You have to make a good faith effort to find a new roommate or find a different comparable apartment for 2 people.

Option B is the best for all involved, but may be unworkable if you're in a college town and you're already well into the year.

 

[True Underdog]

I can't see how the property manager can just remove her, or why he would want to since he just loses money/has bigger headaches that way. Property manager should also be able to give you a copy of the lease.

If OP and co. were to sign that form and let that room mate off the hook, paying rent or the transfer fee would become 100% their problem. If they don't, the landlord may have to get involved to help resolve this.

This is likely why management encouraged OP to sign that form.