If my landlord accepted a replacement tenant for me but she never signed the lease, amI still responsible for the rent?

UPDATED: Nov 3, 2011

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If my landlord accepted a replacement tenant for me but she never signed the lease, amI still responsible for the rent?

Lived with 2 girls for less then 6 weeks before I was offered school housing. I paid rent until a replacement roommate was found by the 2 girls. New roommate paid rent, who was approved by the landlord as a tenant and lived in the room for a month and suddenly left. I was not aware she never signed a lease during the stay, although it was my understanding that she did/would. She has now decided to leave and the landlord is saying that I owe him the rent for this month as my name is still on the lease seeing as how she never got around to signing it. Am I in fact still responsible for the lease?

Asked on November 3, 2011 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately you got youself in a messy situation by not getting a signed document from your former landlord stating that the replacement tenant for you ended all terms and conditions that you owed concerning the lease you had with your former unit.

From what you have written, there is a triable issue as to whether or not you are still responsible for the balance of your former lease. The reason is that the landlord accepted a replacement tenant for you but she left without signing a written lease.

I would write the landlord stating your position that you are no longer liable under the lease since the landlord accepted a replacement tenant. You might consider consulting with a landlord tenant attorney to assist you.

Good luck.

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