Two of my friends and I are going to rent an apartment while we are going to university and will all sign the lease. Does this mean we all have the same rights and obligations?
Yes.
As roommates who are all signing the lease, you will each be bound
by both the terms of the lease and the terms of the Residential
Tenancies Act (as long as it is not a tenancy excluded by the
Act, for example, where you share living facilities with your landlord).
Even
if one of you moves out, he is still bound by the rules set out
in the agreement, for example, the obligation to pay rent. To deal
with this issue, the tenant who is leaving can ask to be taken off
the tenancy agreement by his roommates and the landlord. This new
agreement should be in writing and signed by everyone to avoid later
difficulties.
It
is more likely that if one tenant moves out without making a new
agreement, the landlord will ask the other tenants to pay the rent,
including the share of the person who has left. The landlord is
able to do this because each tenant is liable for all the
rent. It would be up to the remaining tenants to recover
the rent from the tenant who has left.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
November
2004
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