I signed a lease with 3 other roomates. 2 are not renewing but the rest of us are. Do we have to wait for the current lease to be up before renewing?

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I signed a lease with 3 other roomates. 2 are not renewing but the rest of us are. Do we have to wait for the current lease to be up before renewing?

I signed a lease with 3 other roomates. 2 are not renewing but the rest of us are. Do we have to wait for the current lease to be up before renewing? If so the landlord is asking that we pay last months rent even last months rent was paid up front before moving in. If we are technically still in the current lease, can they ask us to pay before signing new lease?

Asked on May 15, 2009 under Real Estate Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Here is how this works:

1. You inform the landlord you two wish to renew; the other two don't.

2. Your landlord must create a new lease with you two because under the old lease, all four of you (especially the two who don't renew) are entitled to their security back, minus a portion of the wear and tear on the apartment.  Further, a new lease is needed because you two will be the only ones on the lease.

3.  So, your landlord asking for a new deposit is fine.


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