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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I just read your answer to the "I am the primary leaseholder

Customer Question

I'm Sue. I just read your answer to the "I am the primary leaseholder on the lease for my apartment." Change apartment to house. My room-mates signed a lease (same as me) and moved in a month after I did. The landlord knew they were coming in but considers me the primary leaseholder. I'm leaving end of Feb. because they (and I) cannot afford rent. They refused to pay this month and so I did. Landlord doesn't want to deal with them, so only talks to me, putting me in the middle. Landlord told me if I'm out, then so are they, but doesn't want to write their names in the letter specifically and has lost their copy of the lease. They've told me they will be gone, but they refuse to sign anything or say that they will be gone. Landlord claims I'm liable for rent if they stay past the 29th of Feb and I'll lose my deposit. Any suggestions?
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Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 1 year ago.

Good evening Sue,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs.

I have been a licensed, litigation attorney for more than 30 years, and I have handled several thousand cases. What you are asking for is pretty complex given the facts, and given that I have left the office for the evening I can call you tonight if you would like, but I will not be available to continue in this thread this evening. If tomorrow is okay with you I am more than willing to write back and forth with you then.

But if you are interested, for a nominal charge I can offer you a phone conference tonight as opposed to continuing in this question and answer thread tomorrow. If you are not interested just let me know and I will be happy to respond tomorrow.

In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What state are you in?

2. Who lost copies of the lease? What about your lease document? Are you POSITIVE that they signed a lease with you?

3. Did you sublease to them or did the landlord require that they sign the lease?

4. When do each of your leases officially end?

5. Did the roommates leave a deposit with you or the landlord?

6. Do you have a roommate agreement setting out the obligations of each of you as regards rent? If not, how did you arrive at a shared rental agreement with them?