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Shared lease problem

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  • 12-12-2010 1:41am
    #1
    KTRIC
    Closed Accounts Posts: 9,463 ✭✭✭


    I signed a joint lease on a house earlier this year with a friend of mine. We recently had a little falling out due to her inability to live with others.

    I got home yesterday to find she had moved out and taken all her belongings. There was no indication she was doing this and I haven't been able to contact her since.

    The lease doesn't expire for another 5 months. Does anyone know what I can do regarding his ?? Surely she can't just walk away from a lease.


Comments

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    #2
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    Depends on what exactly the lease says.
    Most likely, she is responsible for her share, unless she finds a follow-on tenant- if she does not pay, the landlord can go after both or either of you, whichever is easier for him, but you end up paying the ll, you can then persue her for her share.


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    #3
    KTRIC
    Closed Accounts Posts: 9,463 ✭✭✭KTRIC


    Any idea how I can persue her ?? The small claims court doesn't cover this sort of thing .


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    #4
    mathepac
    Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    KTRIC wrote: »
    ... The small claims court doesn't cover this sort of thing .
    Correct.
    KTRIC wrote: »
    Any idea how I can persue her ?? ...
    What do you want to pursue her for? Do you have a legal agreement between you as tenants in the property? (as distinct from the agreement you have with the landlord as tenants ). If you don't, you have no grounds to pursue her.

    If you do have an agreement, then take her to court, apply for a judgement against her and have it enforced.
    silja wrote: »
    Depends on what exactly the lease says...
    What does the lease say?


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    #5
    KTRIC
    Closed Accounts Posts: 9,463 ✭✭✭KTRIC


    I was just thinking about who the contract was between. We joint signed the lease with the landlord. I would presume by this that the contract is between her and the landlord and me and the landlord. There is no part saying who pays what.

    Any ideas ???


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    #6
    Ste.phen
    Registered Users Posts: 2,808 ✭✭✭Ste.phen


    KTRIC wrote: »
    I was just thinking about who the contract was between. We joint signed the lease with the landlord. I would presume by this that the contract is between her and the landlord and me and the landlord. There is no part saying who pays what.

    Any ideas ???

    Generally in those cases you're joint and severally liable, i.e if she stops paying, you owe the landlord the full amount. It's 'two people renting a house' not 'one person renting a room' and 'one other person renting a different room'

    I think you need to
    a) tell the landlord IMMEDIATELY
    b) find someone to take her room over and pay the other half of the rent
    c) chase her for any shortfall you had to pay to the landlord (if applicable) while her room was empty


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