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Posted by DK on January 19, 1999 at 18:41:58:

In Reply to: Re: Roomate Nightmare posted by Hawk on January 19, 1999 at 13:57:53:

Almost all written leases have provisions which prohibit assignment of the lease without the landlord's consent. Therefore, if I am correct in assuming that all three of you are named on the lease, then she cannot assign her interest in the lease without the landlord's consent.

Unless you made an agreement otherwise, when the three of you signed the lease for the apartment you became "tenants-in-common." That means that each of you has an undivided interest in the entire apartment. Ordinarily, a tenant-in-common can assign her interest without the consent of the other tenants-in-common; but here, the written lease would probably provide otherwise and even if it does not you could argue that there was an implied agreement to that effect.

I agree with Hawk that you should not let your about-to-be-former roommate choose her successor, especially if you already have someone else in mind. But remember, by doing so, in effect you are releasing the former roommate from any responsibility for paying her share of the rent. If she were to provide her successor, unless you agreed otherwise, she would remain liable for her share of the rent. Indeed, even if you find the roommate, your landlord can still look to the former roommate for the rent if you fail to pay.

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Comments:
: Almost all written leases have provisions which prohibit assignment of the lease without the landlord's consent. Therefore, if I am correct in assuming that all three of you are named on the lease, then she cannot assign her interest in the lease without the landlord's consent.

: Unless you made an agreement otherwise, when the three of you signed the lease for the apartment you became "tenants-in-common." That means that each of you has an undivided interest in the entire apartment. Ordinarily, a tenant-in-common can assign her interest without the consent of the other tenants-in-common; but here, the written lease would probably provide otherwise and even if it does not you could argue that there was an implied agreement to that effect.

: I agree with Hawk that you should not let your about-to-be-former roommate choose her successor, especially if you already have someone else in mind. But remember, by doing so, in effect you are releasing the former roommate from any responsibility for paying her share of the rent. If she were to provide her successor, unless you agreed otherwise, she would remain liable for her share of the rent. Indeed, even if you find the roommate, your landlord can still look to the former roommate for the rent if you fail to pay.


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