THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, October 8, 1994 TAG: 9410060375
SECTION: REAL ESTATE WEEKLY PAGE: 14 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: William Mazel and Albert Teich Jr.
LENGTH: Short : 42 lines
Q. I have been renting a house in a local resort area to several individuals during the off-season. This year, I have rented the house to four tenants, all of whom have signed the lease and all of whom, according to the lease, are liable for 100 percent of the rent.
The lease also contains a provision that prohibits the subletting of the assigning of the lease to any other person without my permission and also without the permission of the remaining tenants, if any might be the case.
Now I find that one of the four tenants has had a falling out with the others and wants to move and get out of the lease. I told the tenant that if his proposed replacement is acceptable to me and has the permission of the other three tenants, then I will agree to allow the new tenant to be a sub-tenant.
The tenant is very upset, saying that he is only obligated to pay one-fourth of the rent. I pointed out to him that he signed and agreed to pay all of the rent. Who is correct?
A. You are. In your lease, all four tenants agreed to be liable for 100 percent of the rent. Each and every one will be liable for the term of the lease for the entire rent.
When a tenant assigns his or her interest in a lease and the landlord accepts the assignee, the assignee becomes liable on the lease and the assigning tenant also remains liable.
The only way that tenant can be released from his obligation is by obtaining a release from you and the other co-tenants. MEMO: Albert Teich Jr. and William Mazel are real estate lawyers based in
Norfolk. Send comments and questions to them at Real Estate Weekly, 150
W. Brambleton Ave., Norfolk, Va. 23510.
by CNB