What are my rights concerning using my ex-roommate’s empty room?

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What are my rights concerning using my ex-roommate’s empty room?

One of my roommates signed a lease on a new house and moved all of her stuff out of our house but is still continuing to pay her portion of the rent for the remaining 6 months of our lease. I understand that since she is still paying rent, she is still considered a tenant and can enter the property, however, I was wondering what my rights are concerning using her empty room. All of her belongings are out of the house, so her bedroom is just sitting there empty right now, so I was hoping to make good use out of it.

Asked on January 16, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Technically since your former roommate has vacated the rental you shared with her but is still paying the landlord for its use, she is entitled to have her former bedroom vacant and used by no other person.

If you want to use her former bedroom during the period she is paying rent to the landlord, I suggest that you first ask her permission to do so. If permission is granted, I suggest that you confirm it in writing.

If she is unwilling to give you free use of it, then perhaps you might be able to sub-lease it from her set forth in a written document signed by you and her.


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