Legal Question in Real Estate Law in Florida
Last June i signed a lease with two other tenants (three in total). The other two were not 21 years of age and had their parrents co sign the lease. One of the tenatns is now informing us that they will be breaking the lease and leaving in december. I need to live in this house to attend my school so it is a necessity that i am able to remain in my current location. The lease we signed is for 12 months and obviously is not at its completion. Two of the three tenants wish to stay at the residence and do what ever legal matters is required to have the thrid tenant threatening to default to be responsible for their full 12 months. What are we able to do? should i be prepared to be homeless?
3 Answers from Attorneys
You must make effort to find a new roommate. If unsuccessful, the first owes you his share of the rent.
The third tenant who is leaving (and his co-signer/parent) are still on the hook for the rent. You will need to make a reasonable effort to find a new roommate, but until you are able to do so he should continue to pay his share. You could sue him and his co-signer for his share if you have to, but a phone call and letter to his co-signer parents will probably resolve the problem.
Find a new roomate. Do whatever it takes to do so.
The lease is a contract between the three of you and the landlord. If there is a default, the landlord can sue all three of you or less than all. Whether you can force the leaving roomate to pay his third depends on whether you have a conrtract with him. I am sure you discussed that each owes a third, but this time, get it in writing -- especially with the new tennant.
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