Legal Question in Landlord & Tenant Law in Maryland

My best friend and I got an apartment with a friend. Me and my best friend's name is on the lease. Before the three of us moved into the apartment we mad a contract that all three of us agreed to and signed it. Now my roommate that name is not on the lease has told us that she is moving out and is not planing on paying for her part of the rent. We had put in our contract that each party is responsible for their share of the rent for NINE MONTHS. we've only lived in our apartment for 3 months and she clearly stated that she will not pay for the remaining six months. She is basically going against everything that we agreed to in our contract. please help me


Asked on 7/05/12, 9:52 pm

1 Answer from Attorneys
David Bocchino The Law Office of David Bocchino LLC

If you have a contract with the roommate not on the lease, generally that contract is binding on her. If she is going to break that contract, depending on how it is written you may have the right to recover the rest of the money owed under that contract (not the lease.) However, you may be running afoul of local restrictions on subleasing, or in violation of your lease if the lease did not allow for her occupancy. You should check with an attorney in your jurisdiction familiar with landlord/tenant law and with leases. Best of luck.

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Answered on 7/06/12, 7:58 am


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