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Does a rental agreement become obsolete if a security deposit from a new tenant is received by the landlord?
Anonymous2 views2 answers
Renting a room in a house, 1 roommate is moving out, I spoke with the landlord & it was okayed that I took the smaller (lesser rent). Landlord rents out my room & landlord asks if I can be out sooner to allow new tenant to enter. End up sharing smaller room with leaving roommate, new tenant backs out, but has a deposit paid. Am I still liable for original lease?
Given the limited facts presented, i don't think so. The caveat is because you have to be able to prove what you have stated here. Assuming that the landlord agrees with your recital of the facts, then I would agree with my colleague that a new agreement has been entered into between you and the landlord that in effect cancels and replaces the existing lease agreement.
As a separate matter, you should check the local rent ordinances to see if what your landlord is doing by renting out rooms to a house is actually legal. If not, then your lease (new and old) is void. Be careful. I suggest that you consult with a local attorney who cab present you the best advise. and
You are still liable for the original lease, and the landlord is liable for both leases.
If the landlord promised to rent to another tenant, while you were in occupancy, then the landlord owes both you and the new tenant obligations, and you and the new tenant owe the landlord obligations.
However, because you agreed to move into a smaller space, that constitutes a novation of the original lease between you and the landlord and now you have a smaller room and lesser rent.
