Apartments for Cheap

Questions and Answers

Your Questions About Apartment Lease Agreement

August 29, 2013

Chris asks…

Apartment Lease Agreement– Can you turn 1 lease agreement with 2 signers into 2 separate individual leases?

I have an apartment in Arizona and my roommate is moving back to New York tomorrow!

We are currently signed under 1 lease.

I am afraid that he will not pay his part if he is unable to find someone to take over his room and that I will be left having to pay or my credit will be horrible.

If someone could direct me on where to go or help me out with their thoughts because my apartment complex will be closed for the next 2 days, I would greatly appreciate it.

Thank you everybody!

Administrator answers:

No, the lease agreement between two tenants and the landlord cannot be modified without the consent of all parties to the lease. The landlord will NOT agree to this.

If your roommate moves out, you must mitigate your damages by attempting to find a suitable, qualified replacement tenant that meets the landlord’s criteria. The onus is on you to find a replacement roommate because you are the one left in the apartment.

If your roommate moves out, legally he is still liable for his portion of the rent until either the lease expires or you find a new roommate. However, if he fails to pay his portion of the rent, you are liable to pay the full rent. You then must sue the roommate for his share in Small Claims court. Collecting once you have a Small Claims judgment is a whole story of it’s own.

If you do not pay the full rent, the landlord can begin the eviction process. Both of you will be named in the suit and both of you will be evicted. The landlord can hold both of you or either of you liable for the full amount of rent and other monies owed.

Richard asks…

Can I legally break my apartment lease agreement because there were two murders 50 feet from my apartment?

I live in Sacramento, CA and Monday of this week, a fight broke out at my appartment building. Three men were shot, two killed. I am in fear for my life. Is this legal grounds to break my lease agreement?

Administrator answers:

No, this is not relevent to the contract and will not have any legal effect on it at all.

Lisa asks…

Is it a breech of my apartment lease agreement if my Landlord refuses to fix my air conditioner, in nevada?

I’ve already notified her about our ceiling leaking, near the A/C. On the 31st it will have been 14 days since my written notification. Today I had a plumber crawl into my ceiling and check out the problem, and he said it is not the plumbing, its the A/C. Regardless, I have now left at least 10 messages on my Landlords message line, and she hasn’t responded since 8/04 (when she left me a message advising me to have it fixed with her approval of the estimate obtained by a plumber) …with no reponse to my messages, thats when I decided to notify her in writing of my repair request. Now that we know it is the A/C, I’m wondering if the time limit to fix this repair is shorter, and if she won’t take action-or acknowledge the problem, is that a legal reason for my to end our lease agreement, since she is in breach?

Administrator answers:

In VA the AC is a necessary if the temp gets to a certain degree. In the middle of August in Nevada, I would give it a 99% that it’s a nust that she needs to fix it. That is if the AC isn’t working. If it is working, but it’s just leaking fluid, then that’s a different story. However, you can claim that it will turn into mold. That usually gets them to fix it in a hurry. The last thing they need is for someone to cry “MOLD!” and that it was their responsibility.

Maria asks…

What is the right process of signing a apartment lease agreement in CA?

Do you need the signed agreement by landlord before move in date? Or can I move in and wait for my signed copy?

Administrator answers:

To protect yourself (and the landlord) I would recommend having a signed agreement in place before you move in. That way you have protection if the landlord suddenly backs out of the agreement and you don’t find yourself with no where to go.

Mary asks…

How can i get out of my apartment lease agreement?

Ok my roomates just pressured me into renew our lease for next year. (were still in this lease till the end of august) I decided im not going back to school for a year so it would be in my best interest to stay home and save money then live in this house for another year. I was wondering if there is any way i can back out of this lease since it doesnt start until september?

Administrator answers:

Many people think that a lease agreement is not binding until the starting date of the lease. That is quite incorrect. That lease was a binding contract from the very moment you signed your name on the dotted line. The term of the rental period does not start until August, but the actual contract is binding immediately. You need to make arrangements with your roommates now for a replacement for yourself.

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