My sister is currently renting a two bedroom 1 bath apartment with her room mate.?

Question

Because she got into another college, she decided to end her lease. My question is, because this girl now wants to leave and not stay, although my sister has offered to find someone else to replace her spot, they now have to pay the penalty fee, whereas continuing the contract with a new room mate. Does this mean that both my sister and her room mate have to split the penalty? Even though my sister is the one that decided to leave, they both signed the contract so doesnt that make them both obligated to pay the penalty fee? Im asking this question because my sister's room mate is blaming my sister and wants her to pay the full penalty amount (which btw is $6000) and she is saying that she would take us to court. Thanks for your help.

Answer 1

Your sister is the one breaking the lease, there should not be a penalty on the room mate as long as your sister continues paying her share of the rent until the lease is up.

Answer 2

I may not be understanding this correctly, but I really can't blame your sister's roommate if she doesn't want to live with your sister's replacement renter. You could look at this in several different perspectives. First and foremost, your sister and her roommate both signed an agreement to least a property together. From what i understand, your sister got into another college and decided she wants to move out. Her roommate doesn't sound like she wants to back out of her agreement to live there and would not do so if your sister remained in the apartment. While it is very courteous that your sister would try to find a replacement roommate to prevent the lease-breaking penalty, it is not unreasonable for her roommate to not want to live with a stranger. She agreed to sign the least because she was living with a roommate she was obviously friends with. You really can't blame her for not wanting to room with a stranger. While I understand your sister's motivations for moving out, (and they are perfectly legit) it is really her decision to move out and break the lease agreement. Her roommate is not at fault because she isn't trying to get out of her lease. I can see both perspectives, but if your sister did not want to move out, there would be no problem. And I understand that simply finding another renter to replace your sister would sound like an ideal fix for all people involved, the bottom line is that your sister signed an agreement which she is not going to follow through with. In my opinion your sister should do everything she can to find an agreeable replacement that the roommate agrees with. If that is not possible, I don't see how you can fault your sister's roommate for the penalty of breaking the lease. Sign a contract and you're responsible. You're sister's roommate sounds like she's being a little difficult, but sadly, it's her right in this situation.

Answer 3

it all depends on the wording of the contract to lease.

|f the lease is transferable, then your sister can simply transfer her end of it |(continuance|) to another person.



If she had a brain fart and just signed a very strict contract, then she may have stupidly agreed to pay the 6000 penalty.



It seems to me that anybody could have picked that clause out at the very beginning.



Ask for legal advice. Without the contract in front of us, all we are doing to answer your question is speculation.

Answer 4

examine your hire. generally while the hire ends, in case you do no longer renew you bypass on a month to month condo. what's the term or dates that your unique hire covers? those are the only dates that your are obligated for. Your hire would have an computerized renewal clause or something wonderful like that throughout the time of it, so examine it to make particular. Did the owner provide you a renewal hire and you probably did no longer return it indicating the two decline or renewal. examine any correspondence for language that announces in case you do no longer notify by x date we anticipate you're extending the hire for extra twelve months. in case you sense uncertain of what you have agreed to, take a replica of your hire to an lawyer, have them evaluate it and provide you suggestion and in all probability write a letter on your landlord. it is going to likely be extra much less costly than going to court docket to combat with the owner.

Answer 5

If they are both breaking the lease then they both need to pay. The roommate would have no legal grounds to sue her.