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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 24884
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I've lived in an apartment technically six months now and my

Customer Question

I've lived in an apartment technically six months now and my roommate did not pay her December or January rent we were supposed to break our lease the end of January but we didn't because we were due for eviction but after speaking with my landlord they said we could still break our lease and avoid eviction but my roommate is being malicious and won't sign the breaking of the lease paper because she can get section 8 so she figures I'm the only one who needs my credit to continue. Is there anything I can do my landlord said all they can do is evict us because without her signature she could sue them for putting her out even though we are both moved out
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 12 months ago.

Good morning. Just to be clear, the landlord will release you from the the lease but your roommate will not agree and sign and just wants to stay, without paying rent, since she knows she can get alternative housing and just wants more time living rent free?

Customer: replied 11 months ago.
No she moved out just like I moved out but she won't pay her balance or sign the breaking the lease paper, basically she abandoned the whole situation instead of dealing with it but I'm the most concerned with not having the eviction notice on my rental history since is the first apt in my name because I have taken the actions to sue her in civil court about what she owes. But what can I do to break my lease without being evicted since she won't sign or turn in her key?
Expert:  RealEstateAnswer replied 11 months ago.

Thank you. If both of you have actually vacated the rental, removed your items and have no intent on returning, then there would be non need for the landlord to proceed with the eviction process. I say this because the issue would be moot, as you already, so there would be no need for a Judge to issue a court order for your removal, since you both vacated. As long as there is a clear intent to not return, then the landlord could enter, clean up the rental and rent it out. It would be at their discretion to now sue and seek the unpaid rent which was owed and if that is the issue, they would have to sue you both. If you were to pay it, then you would have to go after her, for her portion that you had to pay on her behalf.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 11 months ago.
But how would I get them to not move forward with the eviction process because the apt complex is worried about my roommate suing because she has not showed up to turn in her keys and sign the paperwork multiple times so they want to move forward with the eviction for that reason and if I pay it now I won't beable to get out of the lease and without a roommate this problem will happen again and I don't want the apt
Expert:  RealEstateAnswer replied 11 months ago.

It would be the actions of your roommate and their intent to not return, which would evidence them vacating. This would be seen by 1) their items being removed from the rental and 2) their intentional avoidance of having anything to do with the rental, along with not paying rent. Typically, when rent is past due, a notice to pay or vacate is given, so if the tenant will not pay, they can simply move out. This would be the same situation there and you can invite the landlord in to inspect the property and see everything has been removed.

Customer: replied 11 months ago.
Since it's a big company and there more worried about them how would I get them to come inspect the apt
Expert:  RealEstateAnswer replied 11 months ago.

You can write them a letter, via certified mail, advising that the rental has been vacated and request that they inspect it. You want to start a paper trial, to evidence and show you are no longer living there and it is vacant and can advise and share with them any communication you have had as well, with your former roommate.

Expert:  RealEstateAnswer replied 11 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 11 months ago.
will this be the same as breaking my lease? In the sense that there will not be a bad review on my rental history?
Expert:  RealEstateAnswer replied 11 months ago.

It is at their discretion. I say this because as I shared above, if nobody is in the rental, there is no need to evict through the court, since the purpose of the eviction ( to get you both out), has already happened. Now, from a legal standpoint, you did break the lease but if they are allowing you to do so and just walk away, there is no reason for them to report this, which is why it would be ideal, if you can, to try and get something in writing from them that you are released. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

Expert:  RealEstateAnswer replied 11 months ago.

Hi, are you still with me?

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