QUESTION
Should i pay the remaining amount of the rent that my roommate refuses to pay?
Asked on May 16th, 2017 on Breach of Contract - Texas
More details to this question:
I signed a lease with a roommate and when it came time to move out and pay the final bill she has disappeared. The carpet needed to be replaced, some things needed to be cleaned and the final bill came out to 910$. I have already paid my half of the bill but if she doesn't pay hers then they will turn us both into collections as it was a joint lease. Is there any way I can get my name removed from the lease since I paid my final half? Or should I pay her half also because I do not want this to affect my credit when they turn us over to collections. And then if I pay the final bill would it be worth it to take her to small claims court to get my money back?
1 ANSWER
I haven't read the lease, but I'm confident that the lease obligated both of you to pay all obligations. The landlord doesn't care how you divide it, or if you divide it, as long as the landlord gets paid. In other words, you may be able to sue your ex-roommate for anything you have to pay above your share, but that doesn't affect your obligation to pay the landlord. I think you should pay the bill, especially since the lease probably provides that, if the landlord has to take you to court, and you lose, you would have to pay the landlord's attorneys' fees on top of the other money you owe. As for whether it is worth it for you to sue your ex-roommate, that depends on how valuable your time is, and how likely you are to be able to collect if you win (i.e. does she have the money to pay and do you know how to find her).
Answered on May 16th, 2017 at 2:32 PM