Advice re unanticipated sublet, legal and otherwise

Parent Cafe
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<p>My D is a grad student in downtown Chicago. Her roommate just informed her she will be leaving to return home for a serious medical condition. They have a 2 bedroom apt that is on lease until 8/2009. D and roommate were strangers to each other but used their school’s published roster to find each other initially and spent several months communicating before deciding on each other. The apt itself is a high rise & D checked but will NOT be able to move into a studio in the same building. We Told D we’d cover the $ difference until 8/09, but isn’t an option. So it appears she must stay with this apt or pay huge rent termination fees.</p>

<p>There are alot of issues here: a terrible personal situation for this girl and her family, a financial obligation of nearly $1000 per month per student, student leaving in the middle of the 1st year of the program limiting ability to find a new roommate with this timing, finding a new roommate D feels safe/comfortable with ASAP to alleviate the roommate’s financial burdens ASAP.</p>

<p>D feels pressure to settle on a complete stranger quickly as this girl plans to leave by 12/1. The roommate already listed the apt on craigslist, but won’t allow D to circulate anything through the school yet–roommate not “ready to tell everyone”. D would not normally use craigslist to find a roommate and much prefers going through a mutual association network within the department, or the professional schools first. </p>

<p>This part is a legal question: D is also worried about requirements via craigslist that she has to take someone no matter their age, habits, etc without violating housing laws. And roommate is pushing D to act quickly. The girl & her mother told my D that she has to be “careful about discrimination” in advertising and choosing a roommate. D is scared she’ll end up with someone who isn’t compatible–agewise, lifestyle, etc. She’s feeling pressure to take someone, anyone, quickly.</p>

<p>We all feel so badly for this girl and her family. But D is taking out huge loans, is under a great deal of academic stress, and didn’t expect to have to deal with this. They had planned their initial move carefully…so additionally, D will be without major furniture/apt items as they had “split” responsibility in furnishing the place. The move was nearly 1000 miles away for both. I know that seems very minor in the scheme of things, but these will be additional costs not anticipated. Both our families are not well off, so the money is a big deal.</p>

<p>I’ve emailed the parents to express my concerns for their daughter and to arrange to speak via phone about some next steps. So far, no response from them. I can’t imagine how worried they must be and I sympathize with them. But D is in a tough spot now as well. </p>

<p>I’d love some advice/insight on what rights D may have in light of the situation.
Thanks to all of you for any thoughts or experiences you can share. I will forward your responses to my D too.</p>

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<p>Very unfortunate situation. You say that the roommate just informed her. I’d suggest you just let things cool a bit. I’m sure you’ll have better perspective a week from now. Good luck with this. I’m sure your family will work something out.</p>

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<p>This is not legal advice…laws vary from state to state. That said…</p>

<p>It’s not a foregone conclusion that she can LEGALLY get someone to move in and take over the other young woman’s responsibilities. Who signed the lease? Did the roommate? Does the lease say that they can sublet? Was there a security deposit? </p>

<p>Worse case scenario–the “sublease” is illegal, the replacement is a nightmare and your D gets evicted for breach of lease and loses the security deposit. </p>

<p>While I don’t know the law in Illinois, while it is illegal to use discriminatory language in an ad, in some states, you can discriminate unless you are leasing out a certain # of apartments. A newspaper can’t accept an ad that says “whites only” or “only those under 30”, but I am fairly sure that FEDERAL fair housing laws don’t apply to someone living in the unit herself and looking for one roommate. What Illinois state law says I don’t know. </p>

<p>In other words, the fact that it is illegal to include discriminatory language in an ad in a newspaper does not mean it is illegal to discriminate. </p>

<p>Many universities have offices of legal counsel. She should go immediately and seek advice. She may not get it, but they will often head her in the right direction. </p>

<p>As mean as I might sound, I wouldn’t let this young woman pack up and move out. I’d find out what your D’s rights are now and try to reach some accommodation. Before negotiating a settlement, I’d find out what the other young woman’s legal obligations are.</p>

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<p>It is not reasonable for the other girl to restrict your D from trying to find a new roommate through the school, while at the same time pushing her to find a replacement quickly. She (and you) need to be firm that you will not accept a roommate that is unsuitable, and that you need to use the school’s network. If she wants you to wait before doing that, she should be willing to continue paying her share of the rent in the interim. It is unfortunate that the other girl has this medical problem, but her financial obligations are still primarily her problem.</p>

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<p>I know this would be difficult to discuss with the girl or her family, but you could ask them to treat this like any housing commitment they would otherwise have signed at university housing. Typically, you are obligated to pay for the entire semester or even year if you agree to move into housing, whether you leave or not. This should be no different. At the very least, the other girl should pay for half of the early termination fee.</p>

<p>There could well be a difference between moral obligation and legal obligation in this situation, of course. If both girls signed the lease, they would both be legally obligated to pay the rent through the lease term, unless the landlord is able to fill the apartment. If your D leased the apartment, and let this girl move in, then the legal obligation is all hers. </p>

<p>I agree with the advice to check with a local lawyer, though. My thoughts are very off-the-cuff, and not based on any knowledge of Illinois law.</p>

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<p>You might want to check if there are companies who list apartments. In LA we have a couple of large companies that have listings of apartments. The advantage is people have to pay to look at their listings and they get credit checked upon signing up. It’s usually free to list a sublet. I’ve had to use it a couple of times, and have found great roommates.<br>
I would also stress to the girl leaving, that if she doesn’t want to pay until August, she should let your daughter list at school. There are likely students arriving to start in Spring who could use housing.</p>

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<p>Check contract- roommates might be listed separately- if you’re lucky, or listed jointly if you’re not. In Ohio descrim is illegal whether in the newspaper, or by one’s actions, regardless of how many units one has. An exception would be an “aged community” is permitted if every unit has to meet a certain min age, but that doesn’t apply to you.</p>

<p>Legally speaking (not a lawyer, I just play one in bars) it is likely your offspring will be responsible to LL even if the other roommate defaults, BUT if that happens, the roommate is then responsible to D for any financial penalty imposed on D.
I’d strongly urge D to get in writing asap, what will be other roommates last day of posession, then staret looking for replacement- even if it is awkward for the exiting roommate. Remember- D doesn’t owe any favors to the exiting roommate, as she is skipping out on her lease.</p>

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<p>I think that it’s hightly unlikely that the law anywhere prohibits an individual from discriminating in terms of somebody who will actually be a roommate. (For example, I know that under federal law, you can discriminate against somebody living in the other half of a duplex that you occupy.) So while you might have to place an ad that isn’t specific, you can probably reject anybody without giving any reason at all.</p>

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<p>

Tough. Unless she’s willing to keep paying rent, she’s lost her ability to “allow” or not “allow” D to do anything. Now, D doesn’t need to say anything about the roommate, just that she needs a new one, and if asked, that the old one is leaving for “personal reasons.” She should not breach the roommate’s privacy, but there is no reason she can’t advertise in the school for a replacement and let the roommate deal with any fallout. Not your d’s problem.</p>

<p>

That may be in Illinois as well, but even in those states, I doubt it applies to a situation in which someone is not renting a “unit” but seeking someone to share one’s living quarters. That’s a different situation, and in most states that I’ve seen, even “I don’t like this person” or “It doesn’t feel right” is a sufficient reason to refuse to rent to a roommate.</p>

<p>Your d should also attempt to get the roommate’s plans in writing - that she does not intend to continue paying rent past 12/1. An e-mail is sufficient writing. Then she should be able to sue the roommate for the remaining rent, either on the basis that the roommate is on the lease, or that they had an agreement between them. Remember, oral agreements are enforceable; they’re just harder to prove. </p>

<p>Your d should also try to get that ad off Craigslist ASAP. It’s clear that the roommate put it up so that she can say in court, “Hey, I found her a roommate, but she said no. So I shouldn’t be liable for the rest of the rent.” And she’ll claim it doesn’t matter if the “found” roommate is unsuitable.</p>

<p>This is your daughter’s home, and subject to whatever limitations on subletting there may be in the lease, or whatever discrimination statutes/regs may apply, it is her right to decide who lives in that home.</p>

<p>And if your daughter must move, she also needs to sue the roommate for at least her half of any termination fees. </p>

<p>Good luck with this - I suggest your d go to the local Legal Aid office and speak to someone who specializes in tenancy law.</p>

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<p>I have been through this twice with a kid 1500 miles from home, both times my DD moved out- once because the roommate was scary. It was anguish, but the roommate found a new roommate (she had to do that as she would have to live with the person) and we requested the refund of security deposit at move out and got it. it was ugly but it worked out.</p>

<p>The 2nd time, beginning in January, both girls despised each other and both looked for a replacement roommate- both agreed to move out if the other found a new person. No one ever found every one and the situation developed such that for other reasons, my DD moved out 2-3 months before the end of the lease and we had to pay that fee or have it hit our credit as co-signers.</p>

<p>Usually you are joint and severally liable, the apartment manager usually can & will ding ALL signers credit if things go awry. Did you parents co-sign? If so, the other girl is still on the lease until the end of it and so are her parents. Consider carefully the credit ramifications of going sideways on the lease- some apartments do report to the credit bureaus, some don’t. MY DD was even more grateful we paid that money a few years later when she qualified to get her own place with good credit.</p>

<p>The credit score will affect auto insurance, cell phones, etc. You might call the mgmt company pretending to be a potential new renter and see how they handle things. In that situation ask about how they handle a roommate moving out. In both cases, with a small firm, they just substituted signors on the lease, willingly.</p>

<p>My other DD is in an apartment now with a huge rigorous lease, she wanted to sublet for summer and it was expressly forbidden, she asked about it and they said fine, but if any problems arise, they could punish her under the terms of the lease. Maybe you can legally do a substitution of lessor on the lease with the apartment’s agreement??</p>

<p>On the checking for a new roommate- she cannot have it both ways- if the girl wants to restrict the search, she’d better be prepared to pay each month’s rent until some one new is found.</p>

<p>Try not to react to the emotions of their intensity on calls, they are in a sad and desperate situation. If you could just cooperate and fix that par tof the deal it would be a big load off their mind, but that is not your job, to relieve their stress. You have to fix it in a way that is best for your daughter.</p>

<p>So, the question I would ask is, if you don’t want me to be free to search for a good roommate, are you prepared to pay the rent until I get one?</p>

<p>Also, if that happens, do not pay your rent until you know they have paid theirs, as if they do not pay, you could be evicted and still out the money!</p>

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<p>PS: If this girl and her parents are on the lease they are legally obligated to pay until some one else replaces them on the lease. And their credit scores are at risk</p>

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<p>The first thing your D needs to do is read her lease.
Many landlords do not allow subleases. What some landlords will do is consider a roommate change. This is what we do. The new prospective tenant must submit an application. This application is subject to credit check, references and employer confirmation. If the person is approved a new lease is signed by all of the tenants.
If both girls are on the lease they are both on the hook for the entire rent. Unfortunately if the roommate walks away your D to protect her own credit needs to come up with the rent. What we do when roommates can’t seem to work it out we allow them to break the lease providing that they continue to pay until we rerent the unit. Some landlords are not so generous.
Your D is the one staying. She should be the one picking the new roommate. She has to live with the person.
Problems such as this are the reason my husband is so hesitant to co-sigh a lease for any of our children. Which is my dear son will be living in a university owned apt junior yr versus a house in the surrounding neighborhood.</p>

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<p>Problems like this are why we refuse to co sign for any of the kids. We were on the line once, we paid three months rent, even after trying all the ways to work something out, so no more cosigning for any one at any time, ever.</p>

<p>An aside about co-signing, my FIL co-signed a car loan for a home health care employee. She later blew the payments, etc, and was threatened with repo, which he found out after all sorts of nasty phone calls. He agreed with the loan people to pay off the loan if he could have title to the car, they agreed on the phone, he paid it off, and as you would expect, he did NOT get title; however he did get a notice from his credit card company that his available credit had been reduced to 1/30the the prior amount due to his new bad credit. At 90 he does not much care, but we all need to know that cosigning is very dangerous, as you have all the liability, none of the power. I would loan $ outright before I would cosign</p>

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<p>For furniture, your D can use Freecycle and ask for what she needs. People get rid of amazing, perfectly fine stuff; it’s kind of amazing!</p>

<p>Your D should ask the roommate to pay the December rent; your D can refund the roomie if a suitable new roommate is found before then. Agree with getting the listing off of Craig’s List, and that she should use the college’s resources ASAP to find a replacement. She should also let people she knows – through school, work, activities – that she is looking for a roommate.</p>

<p>Good luck to both young women.</p>

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<p>Good advice from owlice. But should there be some arrangements made before hand about the possibility of having to break the lease and splitting the payment of termination fees in case D is unable to find a suitable roommate? And money should be put into an escrow of some kind–once the girl leaves, it will be hard to get them to cough up $$.</p>

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<p>Thank you to everyone who has posted. This is enormously helpful…from legal commentary to credit reports to personal experiences. It ALL helps.</p>

<p>As a minor clarification to the original post: Roomie did confirm with the leasing office that subletting is ok. D did decide to start “spreading the word” within her class, but not utilizing the broader email communication just yet.
I have faxed the lease to my brother who happens to be in commercial real estate in another city, but understands leases, property management, options, etc. So we’re at least not feeling entirely lacking in control.
Bottom line though, financially speaking, it would be great to find another compatible, responsible roommate quickly and all is solved. We can hope.</p>

<p>I am continually grateful for this Forum. I feel I always have a place to ask any question and get thoughtful comments, no matter how big or small the question may be.</p>

<p>I love CC!</p>

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<p>When I was in grad school, my apartment mate of 3 years graduated, and I had a year left in my program. I took a 10 month lease in my apartment complex on a two bedroom (they did that regularly), since I really needed to share for financial reasons; although I looked over the summer for new students etc, I did not get a room mate through the channels that I used. Back in that pre internet dark ages, I posted signs with a tear off with my phone no. around campus, in various grad school libraries, the student center etc. I did not wait long, and I found a recent grad of the undergraduate school who was an excellent room mate for the rest of the school year. I think the housing office also had a bulletin board. The traffic through these areas was pretty much exclusively students, or others associated with the university, which I preferred.</p>

<p>Finding someone who will be ok for the rest of the year, is probably the best result. Lots of times someone else will want to switch for compatibility reasons etc.</p>

<p>As to the legalities, I can not think of anything more to add to what has been posted above.</p>