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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 2735
Experience:  Experienced real estate lawyer and real estate broker.
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Does a co-tenant have the right to refuse a sublet by a co

Customer Question

Does a co-tenant have the right to refuse a sublet by a co-tenant?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.
No, since you are both on the lease as the primary tenants, you have no obligation to allow your co-tenant to sublet her share.

Moreover, unless you consent to any sublease, your co-tenant remains liable to you for her share of the rent.

I don't blame you for wanting to live with a stranger. What you might consider doing is finding your own "roommate" and then asking the landlord to write a new lease to you and your selection of roommate.

Otherwise, you do not have to accept the subtenant selected by your roommate, and if you do nothing, your roommate remains liable to you for her full share of the rent.

Good luck to you. I wish you all the best.
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 2735
Experience: Experienced real estate lawyer and real estate broker.
WiseOwl58 and 6 other Real Estate Law Specialists are ready to help you
Expert:  WiseOwl58 replied 1 year ago.
Dear XXXXX:

Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.
Expert:  WiseOwl58 replied 1 year ago.
Dear XXXXX:

Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.
Expert:  WiseOwl58 replied 1 year ago.
Dear XXXXX:

Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.
Customer: replied 1 year ago.
My co-tenant has sent me a couple threatening emails (not physical threats) just stupid stuff saying she is going to sue me for moving her couch in the common space, but she has said that she is not paying her half of rent. I am prepared to pay the whole rent as I plan to live in the apt to the end of the lease. I had the landlord place a deadbolt lock on my co-tenants bedroom and I do not have a key to this lock so I will not be using her space during the remainder of the lease, or until a suitable replacement can be found. Can I wait till the end of the lease to sue her for breach of contract or do I have to file something at the first instance of her not paying her share of the rent?
Expert:  WiseOwl58 replied 1 year ago.
Hi, Karen:

I'm sorry to hear that you are having such difficulties with your former roommate.

The law in Ohio says that you have eight years to sue on breach of a written contract. Sed the Ohio law below.

So, you don't have to do anything now, you have eight years from the date that she breached the agreement, which was her refusal to pay her share of the rent to sue her.

However, since the room she occupied is padlocked, she may argue that you deprived her of her right to use the room. Therefore, I would suggest that you try to get another roommate in there as soon as possible to mitigate the risk that she will say that you caused her damage by depriving her the right to use the space that she will ultimately be responsible for paying for.

2305.06 Contract in writing.

Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within eight years after the cause of action accrued.

Amended by 129th General AssemblyFile No.135,SB 224, §1, eff. 9/28/2012.

Effective Date: 07-01-1993

Related Legislative Provision: See 129th General AssemblyFile No.135,SB 224, §4

See 129th General AssemblyFile No.135,SB 224, §3

 

 

Good luck to you. I wish you all the best.

Customer: replied 1 year ago.

Thank you so much. I should have also said that the landlord and former tenant are the only ones with access to the room. I requested the lock from the landlord because she was accusing me of damaging her things and My former roommate agreed to have the lock placed on the door. So the roommate could have access if she so desired.

Expert:  WiseOwl58 replied 1 year ago.
Better that she has access. That defeats her argument that you deprived her access. You should send her a note stating that she has full liability for the total amount of the lease until the lease is terminated or amended to put a new roommate in her place.

That way she is on full notice. It is her duty to either pay up in full or get another tenant in to replace her and have the landlord revise the lease to take her off it.

Now, please rate the answer to close out the question. Let me know if you need anything else, Karen. Thanks.

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