Night Elf Posted June 21, 2018 Share Posted June 21, 2018 My dd20 signed a lease to sublet a room in a house for the summer. The lease specifically says the ending date is August 8th. When she signed the lease, she asked the realtor how would she pay the prorated amount of August since she'll on be there a week and the lady told her it was totally up to her and her roommates. Her roommates are telling here she needs to pay for all of August. I'm thinking that legally they can't expect money for after August 8th, right? I'd like to call the realtor's office and talk to them and ask them how they can leave it up to the roommates when my daughter's lease legally ends on the 8th. Isn't it against the law to expect my dd to continue paying rent past her lease ending date? Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted June 21, 2018 Share Posted June 21, 2018 Is the sublet lease with the roommates or the realtor? Do the roommates have another lease that isn't up on August 8th? Quote Link to comment Share on other sites More sharing options...
Annie G Posted June 21, 2018 Share Posted June 21, 2018 When we’ve written leases that started or ended without a full month, the lease indicated the prorated amount. So we’d say the monthly rent is due on the first and is $300 but the last month is prorated for 8 days and will cost $80 and is due on the first. Without that, your daughter might have a difficult time paying less than a full month’s rent. the full month’s rent is due so either your dd pays it or the roomies have to pay extra to cover the days your dd isn’t there. i see you point, but it’s something that probably should have been spelled out because the parties clearly didn;t understand what each other intended. Sorry. 1 Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 21, 2018 Author Share Posted June 21, 2018 I just found it strange that the management office where she signed her lease didn't tell her what to expect. So her lease does not say how much is due at the end of the lease. They told her it was up to her and the roommates. I just figured we had the right to tell them we're only paying through the 8th since she won't legally be living in that house for the rest of the month. She did sublet but had to go to the management office and sign a lease from May 3rd to August 8th. She hasn't heard from the girl she's subletting from. I don't know when her original lease was supposed to end. I guess there's no way to know except for her current roommates information and they're going to want my dd to pay in August because they won't want to pay. What happens if they don't get someone to move in? Can they also make my dd pay September as well? Or until they find someone new? That would be absurd! There has to be a cutoff point. Quote Link to comment Share on other sites More sharing options...
Bootsie Posted June 21, 2018 Share Posted June 21, 2018 Who is the other party of the lease contract? Does her lease spell out that she is leasing a room for a particular price for particular dates? Or, is she now one of three roommates who is each responsible for the entire rent should the other roommates not contribute their share? 1 Quote Link to comment Share on other sites More sharing options...
Stibalfamily Posted June 21, 2018 Share Posted June 21, 2018 She needs copies of what she signed. Everything should be in that lease agreement. If its not then I don't know why she would have to pay when she is not there any longer. What didi she sign with her roommates? DO NOT have her agree or sign to anything now. She needs to be clear that she will be paying a potion of August's rent to the 8th unless there is a stipulation in the lease. Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 21, 2018 Author Share Posted June 21, 2018 My dd's lease is separate from the original person. That's how I interpret sublease at least. The girl moved out and needed someone to take over her lease and my dd agreed to sign a lease only until August 8th and the girl said that was fine. So that's what my dd did. Her lease ends on the 8th. I'm worried if my dd pays only the 8 days worth of rent that the other roommates will do something stupid or that the management company will go after my dd for not paying all of August. This is the problem with not being with my dd when she signed this lease. She's in another city and was handling it on her own. She doesn't even have a copy of the lease. I told her to call them tomorrow and ask for one. Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted June 21, 2018 Share Posted June 21, 2018 Unfortunately this shows why it is important to read contracts carefully and ask questions like this before you sign them. 1 Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 21, 2018 Author Share Posted June 21, 2018 I think it's separate leases. I don't know when the first girl's lease ends. They have an account to sign into that has their own personal information and it shows the total rent for the month. I pay my dd's $250 and there is a balance left so the other roommates go into their accounts and see the balance and pay their own portion. Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 21, 2018 Author Share Posted June 21, 2018 I'm sure they don't want to pay the extra rent. But what worries me is if we do be nice and pay all of August, what's to stop them asking her to pay for September too? I just feel there needs to be a true cut off date and the management company should be the one to handle that. I'm stunned that they're letting the tenants make that decision for themselves. 1 Quote Link to comment Share on other sites More sharing options...
Martha in GA Posted June 21, 2018 Share Posted June 21, 2018 It seems to me that the person your daughter is subleasing from would be required to pay the rest of the August rent. Your daughter should only pay through Aug. 8. 11 Quote Link to comment Share on other sites More sharing options...
caedmyn Posted June 21, 2018 Share Posted June 21, 2018 1 hour ago, Martha in GA said: It seems to me that the person your daughter is subleasing from would be required to pay the rest of the August rent. Your daughter should only pay through Aug. 8. I agree. Whoever is on the original lease is on the hook for anything she doesn't have covered through a sublease. 4 Quote Link to comment Share on other sites More sharing options...
Tap Posted June 22, 2018 Share Posted June 22, 2018 Was the first month prorated? If so, I would expect the final month to be prorated. If not, then I would not expect it to be prorated. 2 Quote Link to comment Share on other sites More sharing options...
scholastica Posted June 22, 2018 Share Posted June 22, 2018 Honestly, it sounds to me like the original roommate should be on the hook for the remainder of August, since she did not find someone who could stay until the lease is up, or she comes back, whichever is the case. It really is going to depend on how the lease is written. She should definitely get a copy of the lease and read it carefully. Another question that comes to mind is what the girl understood she meant by "I only want it until August 8."? Did the girl think your daughter would be moving out but still covering the rent or that she, the original lessee would be on the hook for it? I can read that both ways. I would try like anything to only pay the portion she owes. There may be a clause in the lease that says otherwise. If not, she can pay that portion and tell the other girls to take it up with their other roommate, the original lessee. 3 Quote Link to comment Share on other sites More sharing options...
kiwik Posted June 22, 2018 Share Posted June 22, 2018 If it is writing and the agreement is with the other girl then the other girl is responsible after the 8th. I would be suspicious that the other girl didn't consult with her flatmates though. If her name is actually on the lease without an end date (as in she has taken over the lease for the girl who is not returning then I can see her being liable until someone else takes over from her. And a lot of the attitude of the flatmates depends on what the other girl told them. She may have said "thru August or something). Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 22, 2018 Author Share Posted June 22, 2018 Yes, I need a copy of the lease. Dd said she'd call them today and ask for one. I hope it's digital so she can send it to me. There was some kind of agreement between the original girl and the two who still live there but I don't know what it is. Dd was vague. I don't think dd knew what she was doing when she got into this situation. We couldn't be there when she signed the lease so I told her some questions to ask, including how does she pay prorated rent for August. The month of May was not prorated. She moved in on the 3rd and we paid the whole month. 1 Quote Link to comment Share on other sites More sharing options...
Wheres Toto Posted June 22, 2018 Share Posted June 22, 2018 I'm not surprised May wasn't prorated since it was only 2 days, but she shouldn't have to pay an entire month if she only agreed to lease through the 8th. Definitely take a look at the lease, and I'd also look at anything else in writing. Was her agreement with the original lease holder in texts or emails or just verbal? Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 22, 2018 Author Share Posted June 22, 2018 4 hours ago, Where's Toto? said: I'm not surprised May wasn't prorated since it was only 2 days, but she shouldn't have to pay an entire month if she only agreed to lease through the 8th. Definitely take a look at the lease, and I'd also look at anything else in writing. Was her agreement with the original lease holder in texts or emails or just verbal? She talked to the original lease holder by text and in person. She had to go into the management office alone to sign her summer lease. Quote Link to comment Share on other sites More sharing options...
katilac Posted June 23, 2018 Share Posted June 23, 2018 On 6/22/2018 at 5:23 AM, Night Elf said: Yes, I need a copy of the lease. Dd said she'd call them today and ask for one. I hope it's digital so she can send it to me. If it's not digital, she can easily take a pic with her phone and convert it to pdf with an app like Camscanner. Quote Link to comment Share on other sites More sharing options...
Stibalfamily Posted June 26, 2018 Share Posted June 26, 2018 Am I the only one who wants an update?? Quote Link to comment Share on other sites More sharing options...
katilac Posted June 26, 2018 Share Posted June 26, 2018 1 hour ago, Stibalfamily said: Am I the only one who wants an update?? Nope, I came to check for one!! 1 Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 27, 2018 Author Share Posted June 27, 2018 She hasn't called for the lease yet. I think she's trying to avoid the issue because it makes her uncomfortable. She hates both of her roommates and feels they dislike her so they aren't going to cut her a break for rent in August. She wants to wait until closer to August to decide this. I had to sign a parental approval something or other for her to get the lease. I guess they want to know someone is going to pay the rent if the student doesn't do it. So I don't see why I shouldn't be able to call and talk to them. Dd thinks they won't cooperate with me. I might call anyway and read them the riot act. I HATE the idea that we'll have to pay the full $250 for her living there one week and that the management company won't do anything about it. DH is thinking she should just pay her 1 week portion and leave it alone. But she isn't moving out until the 8th so the roommates will still have access to her and might make her life more miserable than it currently is if she isn't paying the rest of the rent. 1 Quote Link to comment Share on other sites More sharing options...
Scarlett Posted June 27, 2018 Share Posted June 27, 2018 2 hours ago, Night Elf said: She hasn't called for the lease yet. I think she's trying to avoid the issue because it makes her uncomfortable. She hates both of her roommates and feels they dislike her so they aren't going to cut her a break for rent in August. She wants to wait until closer to August to decide this. I had to sign a parental approval something or other for her to get the lease. I guess they want to know someone is going to pay the rent if the student doesn't do it. So I don't see why I shouldn't be able to call and talk to them. Dd thinks they won't cooperate with me. I might call anyway and read them the riot act. I HATE the idea that we'll have to pay the full $250 for her living there one week and that the management company won't do anything about it. DH is thinking she should just pay her 1 week portion and leave it alone. But she isn't moving out until the 8th so the roommates will still have access to her and might make her life more miserable than it currently is if she isn't paying the rest of the rent. That is terrible. I feel bad for her being with roommates who don't like her. Did she know the girls before moving in? If I have signed my name to the lease I would be calling and getting a copy of it. Maybe your dd has misread it and she won't owe past August 8. Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 27, 2018 Author Share Posted June 27, 2018 57 minutes ago, Scarlett said: That is terrible. I feel bad for her being with roommates who don't like her. Did she know the girls before moving in? If I have signed my name to the lease I would be calling and getting a copy of it. Maybe your dd has misread it and she won't owe past August 8. No, she didn't know them. She needed a place to stay during the summer and used a FB page of students looking for roommates. She specifically looked for a summer sublet since some students go home for summer and return for fall. Her current roommates have told her they didn't think the girl she is subletting from is returning and dd didn't think to ask the girl that before they lost contact. I imagine her roommates are advertising on the FB page to find another roommate but dd hasn't seen or heard anything about that, so she doesn't know. Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 27, 2018 Author Share Posted June 27, 2018 I'll call this morning when they open and see if I can get any information. Quote Link to comment Share on other sites More sharing options...
Stibalfamily Posted June 27, 2018 Share Posted June 27, 2018 If she has to pay for all of August I would be tempted to tell her to stay all of August. This will be a good life lesson for her though. ? Quote Link to comment Share on other sites More sharing options...
Night Elf Posted June 27, 2018 Author Share Posted June 27, 2018 Her new Fall lease for her new townhouse begins August 8th. So we're paying rent for that place. I don't want to have pay rent for two places. Here's what I found out from the management company. The lady said she wasn't even supposed to be talking to me because my dd is over 18 and it's her name on the lease but she's a mother too and knows what I'm going through. I thought my dd had her own lease. She doesn't. It's a group lease and somehow it says my dd is moving out August 8th but both her roommates signed it so I don't know if the lease ends that day or what. The lady didn't explain. She made some suggestions on how my dd could handle it so I passed those on to dd. Basically dd sent her roommates a group chat saying something like 'Hey don't forget I'm moving out August 8th. I'm going to pay my rent and utilities for 8 days. Do you have a new roommate coming in so she can pay the rest of August? And one of her roommates texted back that it sounded good and she'll ask. But she didn't elaborate, so dd is assuming they do have a new roommate and her current roommate is going to ask that person what his/her move-in date is going to be. So at the moment, it looks like we won't have to pay a full month's worth of living there. Now if her other roommate puts up a stink, that could be an additional problem. But we're hopeful. 7 Quote Link to comment Share on other sites More sharing options...
katilac Posted June 28, 2018 Share Posted June 28, 2018 That sounds promising, but your dd NEEDS to go get a copy of the lease. This isn't something you should be guessing and hoping about. It's less about the other roommate making a fuss and more about how the lease reads. If it's ambiguous, you might be able to google for what the default is in that state. Sometimes my kids need a good hard shove to get these things done, like, "If you do not go get a copy of the lease, you will be paying the extra money on your own if this doesn't work out. This is what you do when you have an apartment - if you forgot to keep a copy of the lease, you walk to the office and get one." 1 Quote Link to comment Share on other sites More sharing options...
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