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JohnnyV13 · 12-05-2007, 02:47 PM

Ok...

I used to practice bio tech patent law, so this kind of question goes back to 1st year property class for me.

A precise answer would require a copy of the lease, which will include the specific terms of the contract(including remedies in case of default by either party).

But, without examining this document and Oklahoma law (i'm in Arizona), I can give you some common sense advice.

!) She cannot "evict" you. You have just as much right to be there as she does.

2) The simpliest solution to this problem is to find a new roomate for either her or for you, who agrees to assume the other half of the lease. In this case you would get her to agree you can stay there until the end of the semester (very close), and then let the new roomate take over the lease.

3) If you can't find another roomate, then you are bound to pay the agreed amount until july.

4) If you simply leave, the landlord can bring action against both of you (and evict you both). If she continues to pay her "half" and you leave, she can sue you for damages due to your default.

5) If you both abandon the property, you are still bound to pay. But the statute cited above states the landlord has the duty to make a reasonable effort to rent the property. If the landlord succeeds in finding a new tenant, you no longer have a duty to pay as soon as the new tenant takes possession. Say it takes two months for the landlord to rent the new property, you would only owe two months rent.

6) Your credit will not be damaged if you continue to pay until the landlord finds a new tenant. However, if the landlord cannot rent the property despite a reasonable effort, you still are liable for the full amount.

You basically have two practical options, presuming you do not wish to stay there after this semester:

1) find her a new roomate to assume the lease or

2) cut an agreement with her to pay a smaller amount of the lease, while she's responsible for the rest. This agreement would be a contract between you and her, and should discharge you for any duty to pay beyond the amount you agree to pay. You should get this contract in writing.You can get help from student legal services with writing such a contract.

12-05-2007, 02:47 PM	#93
JohnnyV13 Veteran Join Date: May 2003 Location: Tucson AZ Casino cash: $5385200	Ok... I used to practice bio tech patent law, so this kind of question goes back to 1st year property class for me. A precise answer would require a copy of the lease, which will include the specific terms of the contract(including remedies in case of default by either party). But, without examining this document and Oklahoma law (i'm in Arizona), I can give you some common sense advice. !) She cannot "evict" you. You have just as much right to be there as she does. 2) The simpliest solution to this problem is to find a new roomate for either her or for you, who agrees to assume the other half of the lease. In this case you would get her to agree you can stay there until the end of the semester (very close), and then let the new roomate take over the lease. 3) If you can't find another roomate, then you are bound to pay the agreed amount until july. 4) If you simply leave, the landlord can bring action against both of you (and evict you both). If she continues to pay her "half" and you leave, she can sue you for damages due to your default. 5) If you both abandon the property, you are still bound to pay. But the statute cited above states the landlord has the duty to make a reasonable effort to rent the property. If the landlord succeeds in finding a new tenant, you no longer have a duty to pay as soon as the new tenant takes possession. Say it takes two months for the landlord to rent the new property, you would only owe two months rent. 6) Your credit will not be damaged if you continue to pay until the landlord finds a new tenant. However, if the landlord cannot rent the property despite a reasonable effort, you still are liable for the full amount. You basically have two practical options, presuming you do not wish to stay there after this semester: 1) find her a new roomate to assume the lease or 2) cut an agreement with her to pay a smaller amount of the lease, while she's responsible for the rest. This agreement would be a contract between you and her, and should discharge you for any duty to pay beyond the amount you agree to pay. You should get this contract in writing.You can get help from student legal services with writing such a contract.
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