Legal Question in Landlord & Tenant Law in District of Columbia
Roommate Breaking Lease and Refusing to Pay Rent
My roommate and I signed a year long lease on October 1, 2005. She left on June 10, 2005 and sent me an email on May 24, 2005 stating that she would only pay June rent. I found another roommate as quickly as possible, but she is not moving in until July 6, 2005 and signing a lease when she arrives. I spoke with the landlord and we agreed that the new roommate's rent should be prorated to the July 6th, 2005 and that the old roommate should pay her portion for those first 5 days. When I informed the old roommate she accused me of lying and trying to take money from her. So, my questions are 1) Am I correct in trying to obtain that portion of the rent from the old roommate? 2) The old roommate implied that she will not be paying the rent to me on the 1st in order to have an on time rent payment, can't the landlord deduct this from her security deposit and be done with it?
2 Answers from Attorneys
Re: Roommate Breaking Lease and Refusing to Pay Rent
Yes(in answer to question #1), your former roommate is responsible for all rents due and owing for the rental unit either up to time the lease expires or to the time she is supplanted on the lease by another lessee in her place and consequently released from the lease obligations(which, apparently, would be July 6, 2005, in this situation).
No, (in answer to question #2), the landlord will proabably not be able to apply any portion of your former roommate's security desposit to her share of unpaid rent under applicable law and the provisions of the lease contract as long as you, a co-signor of the lease, are there in the unit and are technically obligated to pay the "whole enchilada", metaphorically speaking.
Re: Roommate Breaking Lease and Refusing to Pay Rent
Not seeing the lease, I can only respond generally. The Landlord probably COULD deduct the per diem from the security deposit, or charge you for it. If Landlord is willing to deduct it from the SD, that would be a good result for you. If you have any further questions, I can be reached via email or @ 703-915-1401.
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