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Posted by TenantNet on July 30, 1997 at 12:58:18:

In Reply to: Roommate approval/consent required for lease reassignment? posted by Justin on July 30, 1997 at 11:17:49:

: Hi. Many months ago I had a great apartment that I advertised and got a
: roommate for. Everything was OK for the first few months, but now he's
: the worst roommate I've ever had. Both are names are on the lease which
: runs out Oct. 1.

If he's just a roommate, how did he get on the lease? That gives him
more legal rights than you bargained for. It also makes him responsible
for the rent along with you.

: I have made arrangements to live with friends and just
: want to reassign my portion of the lease to someone else. Does my roommate
: have any right to approve or contest this.

I believe his approval is required if he's on the lease.

: I am working with him to find
: someone that he can live with. My problem is that I don't remember when I
: did a lease assignment before getting any roommate approval.

If he's just a roommate and not on the lease as a prime tenant, then
the decision is yours. You can even revoke his right to stay as a
roommate (30 days notice and if he resists, go to court; don't take
matters into your own hands)

: Does he have the right to approve/contest a sublettor, too?

This kind of situation is usually not worth getting caught up in all
the legalities. Best if you can negotiate a suitable arrangement.

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Comments:
: : Hi.  Many months ago I had a great apartment that I advertised and got a
: : roommate for.  Everything was OK for the first few months, but now he's
: : the worst roommate I've ever had.  Both are names are on the lease which
: : runs out Oct. 1.

: If he's just a roommate, how did he get on the lease? That gives him
: more legal rights than you bargained for. It also makes him responsible
: for the rent along with you.

: : I have made arrangements to live with friends and just
: : want to reassign my portion of the lease to someone else.  Does my roommate
: : have any right to approve or contest this.

: I believe his approval is required if he's on the lease.

: : I am working with him to find
: : someone that he can live with.  My problem is that I don't remember when I
: : did a lease assignment before getting any roommate approval.

: If he's just a roommate and not on the lease as a prime tenant, then
: the decision is yours. You can even revoke his right to stay as a 
: roommate (30 days notice and if he resists, go to court; don't take
: matters into your own hands)

: : Does he have the right to approve/contest a sublettor, too?

: This kind of situation is usually not worth getting caught up in all
: the legalities. Best if you can negotiate a suitable arrangement.


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