Legal Question in Landlord & Tenant Law in Texas

room mate on lease moved out

two 19 year old girls (friends) signed a 9 month lease for an apartment to share intending to split rent and utitlities. They lived there for just over one month sharing the rent for the first two month's payments. THey split the deposit. Since they had no rental history (just moving out of their parents' homes) one girl's father cosigned the application so they could get approval. That girl decide to move out (go back home) after paying the second month's rent. The girl remaining in the apartment wants to stay and not default on their lease, but cannot afford the rend alone. Is the girl who moved out (and/or her father) obligated to continue paying half of the rent for the duration of the lease? the utilities? If so, what needs to be done legally to force the issue if the girl (and dad) do not pay willingly?


Asked on 12/09/05, 6:02 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: room mate on lease moved out

The answer depends entirely on whether when the girl moved out, if she and her dad were released by the apartment mgmt from the remainder of the lease. Your daughter has a right to know and needs to contact the apartments to find out if the roommate and her dad are still on the lease. More importantly, I have not seen the lease agreement, however, it is a standard clause in civil contracts that joint parties are jointly and severally liable. This means that the creditor can go against all of the debtors, or only only one of the debtors to get their money. It is between the debtors to decide who owes money to each other. If this is the nature of their lease, when your daughter pays only one half of the rent next month, she will get an eviction notice. She might have the right to sue her former roommate for the monies expended, but it may not be the problem of the landlord. Wish I had better news for you! TCL

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Answered on 12/10/05, 1:42 am


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