Question on Lease/Landlord?

[almostthere8]

Hello-

I signed a lease for a residence (with a roommate) back in November 2007. It was a 12 month lease, and was satisfied 11/2008. I filed bankruptcy in September 2008 (and am still awaiting closure...but that's another story).

My question is - I am still living at the residence, but will be leaving very, very soon. I can't stay any longer, as there are major issues with the roommate. The rent has been paid on time every month, but I fear if I leave the residence, the roommate will not pay any further rent, and/or trash the house. I am just looking to get an idea of what kind of responsibility I will have for any compensation the landlord seeks. Obviously, I'm hoping the bankruptcy will protect me, but suspect that it likely will not.

Thanks for any and all input!

[shabam]

Whose name is the lease under?

[almostthere8]

The roommate and I are both on the original lease. It's currently a month to month rental.

[leena]

You are both responsible for as long as both your names are on the lease, even if you vacate the residence. However, on a month to month lease you should be able to give your own thirty day notice and leave and be free and clear. If you had say a years lease and were trying to vacate early, you could not be released from the lease without both the roommate and your Landlord's authorization. Lucky you, being on a month to month! I am a MN Property Manager. They law may vary in your state, but I doubt it, that is pretty standard.

[backtoschool]

I would definitely give official, written notice to your landlord that you are ending your month to month arrangement and leaving. This way if your roommate self destructs, the landlord can take it up directly with him/her.

[leena]

Definitely written notice! Forgot to mention that one! Nothing is real to a Property Manager unless it is in writing. Not a notice, and agreement, a complaint, nothing...

[frogger]

Everyone above is right on track with the advice, but one more tip for you. At the end of your 30 days, when you have vacated, make sure the landlord does a walk-thru of the property with you. Any damages at that time should be noted and you should accept your responsibility for them. However, if your roommate continues to stay on, then he would be responsible for further damages.

[shabam]

Once you file, the lease is technically terminated. Just make sure you list it in your schedules and include your landlord in the matrix. Your roommate however, is technically still liable for it.

[leena]

Just Give the Written Notice

Going with the thing about the lease being technically terminated is not where you want to be with it. It is just way easier to put in your written notice the same as you would were you not filing.

Many people in bankruptcy are renters and your attorney will assume you want to keep your lease and do your matrix and paperwork in a way that assures you do. You can instruct him/her otherwise, but why?

In ten years in property management, I have never gooten notice from the court that someone was terminating a lease due to BK. I do know also that anything like the automatic stay is a whole other ballgame in a lease situation. When you stop paying, you have to move ASAP so there is really no benefit in doing it that way.

Just give your 30 day written notice, make sure you do a move out inspection, and move on.

[frogger]

In ten years in property management, I have never gooten notice from the court that someone was terminating a lease due to BK.

In my over 20 years doing it, I have never received one either.