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OP here. I was on the lease. I was approved to go off the lease, as someone else was moving into the house. 3 bedroom house, 2 people on the lease, I move out, someone else moves in. The real estate agent changed his mind about me going off the lease because the new chick wasn’t going into my room - which he can’t actually do - and the lease doesn’t specify who is in which room. The real estate agent has been unprofessional towards me and never once helped me - but ex housemate is a narcissistic toxic liar, so who knows what lies she’s spread about me... Plot twist - the owner is moving back into the house, so my ex housemate and her new housemate now have to vacate and I’m footing half the cleaning bills etc because I’m sick of fighting and want to cut this chick out of my life!
By screwedover - / Saturday 27 October 2018 14:09 / Australia
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By  Callyn  |  46

Do you have a lease? Are you breaking your lease? You should be discussing this with your landlord, not your housemate and if you're breaking the lease and leaving her on the hook for everything than you deserve it.

By  BurnInDemonFire  |  24

If your name is being removed from the lease, you're no longer required to pay rent. There should be no need for lawyers. Have your landlord tell your housemate that you will be removed from the lease, and the rent is her responsibility, if you don't share with anyone else.

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By  BurnInDemonFire  |  24

If your name is being removed from the lease, you're no longer required to pay rent. There should be no need for lawyers. Have your landlord tell your housemate that you will be removed from the lease, and the rent is her responsibility, if you don't share with anyone else.

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  pygmyfrog  |  23

In Australia, if you break a lease, you ARE actually responsible for the rest of payments till the lease would have terminated; unless a replacement tenant is found (often/usually by the lease-breaker).

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  rickAUS  |  19

It's only a break lease if all tenants are ending the tenancy early. If there's more than one person on the lease, provided one person is still remaining on it once this person moves out they can do so without issue and the other tenant can't do fuck all to make them pay rent beyond when their notice period ends.

I had a situation about a year ago, was on the lease at one place; we'd literally just signed a 12 month lease and I had a falling out with my room mate. I went to the real estate, got myself a Form 13 citing 'without grounds' which is only 14 days notice. Got it all signed off, and done.

After I moved out my old room mate kept hounding me about things at the house and I essentially told him it wasn't my problem any more. If there was things he needed me to do before I left he should have gotten off his arse and told me before I left.

This sounds more like, the roommate has the lease, OP is sub-letting with no formal agreement with the room mate (the sort of arrangement you find you places like housemate finder) and the notice is just out of .. politeness I guess.

To OP: forget the lawyers. If the ex-roomate (or still current room mate) wants to chase you for rent, let them do all the leg work. Save your money (and the drama). Provided you've done it all by the book they can't do anything and the legislation will show it without you needing to do much at all.

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Not sure how it is in Australia but the rental office I work at, it's not that easy to be removed from the lease. For us, the remaining leaseholders have to income qualify on their own or add somebody new that will allow them to income qualify. Also, EVERYBODY has to sign that they agree for somebody to leave and that if there was a deposit, it will be the responsibility of the remaining leaseholders to return it accordingly. Well it is easy but for some it can be hard if they don't agree to have one move out or don't income qualify on their own. But once they are out, no more legal responsibility for rent or anything. Not sure what is the case here, if there was a lease or subleasing. If subleasing, I think of it as YDI cause that's bringing yourself to be screwed over. I have seen a lot of cases where people have been evicted because the other just took their money and not paid rent. If there was a lease and OP didn't follow correct procedures, then YDI. Otherwise, it sucks and hopefully works out for them

By  Callyn  |  46

Do you have a lease? Are you breaking your lease? You should be discussing this with your landlord, not your housemate and if you're breaking the lease and leaving her on the hook for everything than you deserve it.

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  Gibbsy326  |  4

3 months?! Thats ridiculous. The most I've ever been required is 2 months (and that was one place). I've moved a lot unfortunately (8 places in past 6 years, 15 times in my 29 years of life) and when looking you can't even find a new place 3 months out unless you're moving into a big corporate building that's charging you out the ass...and even then they wont lock down the price until you're about to move in. I would never live somewhere that requires 3 months notice because you either 1. cant move or 2. have to give notice without having something else lined up which is just an awful feeling.

By  BeefyQueefy  |  8

Four weeks is not a lot of notice, let alone ''plenty''. She's supposed to find a new roommate and do her due dilligence in a month because you decided so? YDI

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