What are my rights?

ghostbusters25

My housemate is moving out of our apartment while we are in middle of our lease agreement. The landlord has agreed she can leave if she can get somebody else to take over the lease. I am not comfortable with this as I do not want to live with a stranger. If I leave now as well should I be entitled to my deposit back as the lease is now void, as such?

antoinolachtnai

Your lease is not void.

No.

ghostbusters25

Even if it is a jointly signed lease?

jimmycrackcorm

ghostbusters25 wrote:

Even if it is a jointly signed lease?

It means both parties are equally liable so if she doesn't get a replacement then you're still on hook.

The landlord might also agree to you leaving if you can get a replacement also. This might be easier as it would mean a couple could take over.

tina1040

Who paid the deposit? Your housemate should not be expecting any deposit back.

tina1040

tina1040 wrote: »

Who paid the deposit? Your housemate should not be expecting any deposit back.

If they find a person to replace them then I don't see why they shouldn't get their share of the deposit back as the new person will be paying a deposit to replace that of the person moving out.

DivingDuck

If your landlord has turned the responsibility for finding someone new over to your housemate, quickly inform them that you want to leave also as the housemate can sell the property to people as a two-bed (presumably), which will appeal to people happy to rent with a stranger, couples, and friends wanting to share. You'll probably pick up replacements far more quickly this way than each of you trying to reassign half the lease separately.

You and your housemate should both be entitled to get your deposit back from the landlord, and have the new people pay him a deposit instead, as the terms of the lease have not been breached. You can read more on re-assigning your lease here.

Arbiter of Good Taste

ghostbusters25 wrote: »

My housemate is moving out of our apartment while we are in middle of our lease agreement. The landlord has agreed she can leave if she can get somebody else to take over the lease. I am not comfortable with this as I do not want to live with a stranger. If I leave now as well should I be entitled to my deposit back as the lease is now void, as such?

OP why don't you help your roommate find a replacement and find someone you are comfortable to live with. It's got to be easier than moving in a landlord's market.

antoinolachtnai

DivingDuck wrote: »

You and your housemate should both be entitled to get your deposit back from the landlord, and have the new people pay him a deposit instead, as the terms of the lease have not been breached. You can read more on re-assigning your lease here.

Good luck with getting your deposit back without terminating the lease and surrendering possession. The landlord will not do this.

salamanca22

antoinolachtnai wrote: »

Good luck with getting your deposit back without terminating the lease and surrendering possession. The landlord will not do this.

If the landlord gives permission to reassign the lease then they are owed their deposit back once new tenants have taken over the lease.

If the landlord refuses the option of reassignment then the tenant is free to leave without penalty.

The_Conductor

salamanca22 wrote: »

If the landlord gives permission to reassign the lease then they are owed their deposit back once new tenants have taken over the lease.

If the landlord refuses the option of reassignment then the tenant is free to leave without penalty.

Its not a simple reassignment of the lease- it has to be to tenants of at very least the stature as the original tenants- this is the sword of Damocles on which this normally falls. You can't randomly hand over the property to prospective tenants- they have to be at least as acceptable to the landlord as the original tenants. Also- if you're reassigning the lease- its for the remainder of the original lease- not a new lease- a whole new lease will normally be far more acceptable to prospective tenants than a portional one.

Arbiter of Good Taste

Arbiter of Good Taste wrote: »

OP why don't you help your roommate find a replacement and find someone you are comfortable to live with. It's got to be easier than moving in a landlord's market.

This is the sensible suggestion.

Get involved and pick a tenant that you think you will get on with ( and the LL accepts). You said you don't want to live with a stranger but if you move where will you live? Rent alone or just end up moving in a with strangers rather than one move in with you.

ghostbusters25

Thanks everyone for the help and advice. Much appreciated.