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Legal Advice needed for Apartment lease??HELP!

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Joined: Sat, 17 Jan 2009
Location: Melbourne, Australia

Legal Advice needed for Apartment lease??HELP!

Postby kellbell3366 » Thu, 03 Sep 2009 12:37 pm

Hi- getting into legal dispute with my housemate over our tenacy agreement is the last thing I want to do but i have found myself in what i consider a very unreasonable situation and I would like to know where i stand legally.
My housemate and I are co-signers on our lease with our landlord. The contract has 6 months to go but i found out yesterday that my housemate has signed a new contract and will be moving out in 2 1/2 weeks. This came as quite a suprize and without me knowing she was even leaving she had advertised her room and had been showing people around our place while i was not home.

She has now given my a deadline of 3 days from the time i found out she is moving out to find a replacement. She has a found a replacement who i am not completely happy with but he has offered her a 2 month rent security deposit which would be payed directly to her- as she is currently short of cash this is understandably a good offer for her.
Our landlord- without my permission, has given my housemate permission to sublet the apartment and i have been given the following demands:
1) I have until saturday to find a replacement
2) the replacement is required to pay a 2 month security deposit to my housemate
3)As i will be taking what is currently her room and the new tenant will be taking the common room, i need to pay her the difference in what she would have been payed if he was paying the higher rate
4) Ultimatly I don't have a have a say in who i live with
5) She Wants her deposit back

The landlord is quite vague and as far as i can tell as long as gets her money doesn't really mind what happens.

She doesn't want to go through legally changing the name on the lease as this will involve legal fees and stamp duty. So she is happy enough to go with the conditions my housemate has stipulated.

To me this doesn't sound like it can be legally correct? Am i missing something? I shouldn't be forced to live with someone i don't know. My housemate is the one breaking the lease not me- why should i be out of pocket?
Any one got any idea if legally i have a leg to stand on?

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Location: Singapore

Postby Nath21 » Thu, 03 Sep 2009 1:00 pm

Pretty backstabbing move did you upset her? Would need to see the actual contract clauses to determine if you have any legal rights, who knows what you signed and what the terms are.

Some tactics if you dont have any legal rights:

I would ask for an inspection handover on the date she leaves so that if any damage is claimed it would come out her pocket as well;
Talk to the landlord that it is not right that they are allowing a male to live with you as you are a female and you would not feel safe;
Refuse to pay the difference on the short notice she has given you. If the new tenant is not willing to move to the higher paying room then she hasnt found a like for like replacement, this will make the landlord think a bit more about the situation; or
Give the new guy a chance how do you know if you like someone or not in such a short time?

If you like being petty you could:
When she leaves the house to go to get some food or anything, lock the door and jam up the furniture so she has no access. Refuse to let anyone in and let her sleep on the street for the night;
Change the locks; or
Throw all her goods out onto the street;

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Joined: Thu, 09 Jul 2009

Postby brittanny » Thu, 03 Sep 2009 2:37 pm

i got abit lost from the 2nd paragraph onwards

as best i can map out, are u telling us that your hsemate and the new tenant attempt to make a subleasing transaction without signing a subleasing contract?

putting the subleasing issue aside, your hsemate ultimately will still be bound by the current tenancy contract together with you and the landlord, i.e. both u and your hsemate are named parties n must jointly honor the terms and conditions until it expires.

why are u compelled take over her room? why did the landlord serve u a demand?

i don't think the landlord has a right to serve u a demand, and i don't think there is such a clause in the tenancy contract, unless u have breached a term or condition

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Postby Strong Eagle » Thu, 03 Sep 2009 3:12 pm

Get a backbone. Both you and your roommate signed the lease and both are jointly liable for the rent and lease. If she doesn't pay, you will have to.

So, the first thing you must do is protect yourself.

a) How can the landlord give this permission? If this is done then you must insist that you can no longer be responsible except for your portion of the rent because he has a new sublet. Maybe this is good.

b) Otherwise, it is YOU who should select the new tenant, YOU who should hold deposits, and your roomie should be out of it completely.

You're asking for a gawd awful bloody mess doing what you are doing now.

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