If1 out of3 tenants did not sign a lease, is the lease legally binding?

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If1 out of3 tenants did not sign a lease, is the lease legally binding?

I have a roommate who did not sign the current lease and he is 3 months behind. My landlord requested that my other roommate and I give our 30 day notice and leave so she can get the full amount with new tenants. I just want to know if he doesn’t pay his part, are we liable for the money owed?

Asked on December 10, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether you and your other roommates that signed the written lease are liable for the full monthly amount of the rental or simply your own individual share would be determined from what the written lease you signed states.

As such, you need to carefully read it in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. In the interim, you need to put pressure on the one roommate that did not sign the lease and who is three months behind in the rent to make a full payment.

Possibly you and the other roommates who signed the lease may need to pony up the one roommate's share that is overdue if you wish to remain in the premises.


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