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My roommate is getting deployed in May and our landlord

Customer Question
My roommate is getting...

My roommate is getting deployed in May and our landlord refuses to shorten our lease what can I do

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

WV

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It’s a year lease so it’s up in July. We found out about his deployment on July 30th of 2017. And he said that we would have to cover his rent anyways that there was no way out of it. Recently my husband and I have bought ant killer and roach stuff but they keep returning and I just had a baby we told him today about it and he said that we needed to make sure the house is clean. (Which it is, I have a baby?)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It’s a 2 bedroom apartment, that is $825 a month when our roommate gets deployed to Korea we won’t be able to afford it. Especially with our new baby.

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 19 minutes by:
3/27/2018
Lawyer: philip.simmons, Lawyer replied 4 months ago
philip.simmons
Category: Landlord-Tenant
Satisfied Customers: 37,701
Experience: 10 years experience in the law
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: philip.simmons, Lawyer replied 4 months ago

I am sorry for this dilemma. But I do not understand your specific question. Are you asking if you have the right to change your lease terms over the objection of your landlord?

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Customer reply replied 4 months ago
What can I legally do especially since my roommate is being deployed and he’s on the lease also
Lawyer: philip.simmons, Lawyer replied 4 months ago

Thanks
How is the lease written? Who is listed as the tenant?

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Customer reply replied 4 months ago
It says that ***** *****, Luke Ballengee and ***** ***** as tenants
Lawyer: philip.simmons, Lawyer replied 4 months ago

Thanks

That is not possible...that is, if you have a lease, you are responsible for your end of the lease. There is no law that would allow you to terminate the lease, unilaterally. Your roommate can, as a service member...since there is a federal law that allows them to get out of the lease. But if you are all listed as tenants, then you are all jointly and severally liable. So the one roommate can leave (since they are in the service) but the law that protects the service member roommate (this law is called the service member civil relief act) will not carry over to protect you.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can unilaterally cancel the lease, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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