How do I solve this sticky rent situation?

I am moving across the country on May 1st, which also happens to be the day my one-year lease is up. I live with a friend and her boyfriend, we have lived in the apartment for two years and all three of us are on the lease. We each paid separate checks for our share of the first month's rent, last month's rent and deposit. Since then, my landlord has always insisted that we pay with one check instead of three separate ones. My first mistake was giving my friend a check for my share of the rent each month and then her paying the landlord. This has been going on for two years.





My second mistake was paying the rent for April. I did not find out I would have to relocate until April 10th and told my landlord at the time that I would not be renewing my lease, but my other two roommates would. They told me that they would be finding a roommate but as of today (April 22nd) have not done any looking. I told the landlord in writing as soon as I could that I had erroneously paid my last month of rent to her twice and would need one month of it back. She insists that my friend should pay me, because the landlord did not get the money directly from me, she got it from a check from my friend. My friend insists that the landlord should pay me, since she is the one with the actual money and the one who I have a contract with.





Just when I felt like I'd be able to get all of them in a room together to sort this out, my friend went on vacation without telling me and will not be back until a few days before I leave. For all I know, she will never find a roommate and get evicted for not being able to pay the rent, in which my last month of rent would still be owed to me by the landlord. Now I'm stuck in the middle with nothing. How do I get the last month of rent back that I paid for twice?|||The first poster is right - the money is owed to you by your friend. In tenant and landlord cases that go to court, when one or more room mates has an issue with rental money, the landlord sues the tenants and then the tenants sue each other.





Basically what your room mate is telling you is that the landlord should get less money this month and that your room mate should get a free ride. Someone has to make up your portion of the rent and it needs to be your room mate - since she would have to pay more if you had not paid, then she owes the money to you - or she owes it to the landlord and the landlord could give you your money back, which would be foolish.|||From the Landlord. She has been paid your portion of the rent, she owes you the refund. If your friend bought a T shirt from a shop on your behalf, it would be the shop that paid you the refund, not your friend. Unless of course, you friend hasnt paid the rent to the Landlord, then it that case, it is your friends responsibility.





EDIT - what type of lease do you have? An assured shorthold tenancy means that all tenants are jointly liable, so if one tenant fails to pay, the others have signed the agreement so are resonsible for picking up the bill. However, as you have served written notice to the landlord, you are rightly entitled to refund of the overpaid rent. If the Landlord wants to incude that sum on return of the initial deposit, that is down to them, as lnog as you have proof that you have overpaid, you should legally get it back from the Landlord. If your friend hasnt paid your portion of the rent, and you have proof that you paid it to her, SHE is liable to cover the cost of the reund.|||The landlord owes you nothing the friends owe you exactly half of the rent you paid each. The rent is due from march and april to you via the friends you should not have paid either of the last two months and had the roomies pay for your share that way the two months you paid upfront would cover your last 2 months in the house. you did say the 1st and last months rent. the deposit is the same formula. they would owe you a 1/3 each for each month paid and the 1/3 each for the security deposit. Money ruins friendships!!!!|||No, your roommate does not owe you your last month's rent deposit since your roommate does not hold the deposit and cannot force the landlord to apply the credit.





No, the landlord does not owe you the last month's rent yet. The landlord rented the entire apartment and will only apply the last month until the ENTIRE apartment gives their 30-day notice. Unfortunately, that's the tough part of roommate situations -- joint responsibility means the landlord will not treat roommates individually.





You're in a partnership with your roommates, so you can't just give your 30-day move-out notice without their agreement. It's in your best interest to help them find a replacement and hope the replacement agrees to reimburse you your portion of the security deposit and last month's rent deposit.





You and your roommates will also have to sign an addendum with the landlord removing you from the lease and adding your replacement.





Also, at the very least, you're responsible for rent 30-days from your notice, so you need to pay rent through at least May 10 or until you find your replacement.





Good Luck