Can I sue my roommate for moving out before the remainder of our lease?

Question

My roommate moved out without proper notice seven months prior to the end of our lease. I have been paying the rent in full and I have filed a lawsuit but now she has gotten an attorney so I guess I need to know if I really need representation.

James Osak · Answer

YES.

Candice Ragsdale-Pollock · Answer

Any time one side obtains an attorney in a legal matter, it is alwyas in the best interest of the other party to obtain counsel so that person's  rights will be protected.

Stephen Lombardi · Answer

Yes so long as they are either on the lease or you have an oral agreement.   You probably need an attorney.

Georges Shers · Answer

I would need to know more information but you certainly need to speak to an attorney for 15-20 minutes to find out what she may argue.

Mark Leonardo · Answer

Yes you can sue for her share.  If she has an attorney and you don't, you will be at a disadvantage at trial because you won't know how to get evidence  in  the case to have it be admissible, particularly when the lawyer objects to your questions and your documents.  A trial like this would be relatively short, presumably only the two of you would be witnesses.  Perhaps you can find an attorney to do it on a flat fee basis.  Alternatively, you might find an attorney that will accept a small payment to guide you on what you need to do and say.  I fear, however, if you go it alone, you will lose on procedural grounds.  Parties in pro per are supposed to be held to the same standard as an attorney.  Most judges adhere to this rule.  Some give a little leniency, but not a lot.

James Kelaher · Answer

If she was on the lease, too, then I don't see how she can escape responsibility. If she has a lawyer, however, you might want to consider getting one yourself. I have found in the past that judges typically bend over backwards to be fair to pro se litigants (pro se simply means someone who represents themselves).

Paul Whitfield · Answer

Happens all the time. do you have a written agreement with the roommate? If you do, sue her on it. what you probably have is a situation where you and she both signed the lease. She owes the landlord. That document was to protect the landlord, not you.  as between you and the landlord you may be stuck., if she agreed with you to pay half the rent you can sue her on that agreement. This may not be worth litigating with highpowered lawyers the attorney fees may be more than the amount in controversy.

Steven A. Schwartz · Answer

If your roommate is on the lease (thereby obligating him/her legally), and you have had to foot the entire rent, then you certainly have a valid claim for the money.  You can always be safe with an attorney, but if the facts are certain, you probably don't need one - you may end up paying a lawyer more than you are owed!

Bernard Huff · Answer

Yes, you can if your roommate signed the lease also, but you should try to  mitigate your loss by diligently searching for another roommate. You may want to  consult with a lawyer who handles landlord/tenant legal matters for specific  advice and direction.

Richard Damon · Answer

It all depends on your deal. Did she sign the lease? Do you have a written agreement?  If there is a written agreement and she is on the lease, she should be liable.  You would probably be better off searching for a new roommate than prosecuting a lawsuit with attorneys involved.

Steven D. Dunnings · Answer

Yes, but can you find him to serve papers and if you get a judgment, does he have money to pay.

Thomas Bulman · Answer

Probably.  You already did.  A slick lawyer can twist a contract all around and end up persecuting you for tiny mistakes you made in not following your lease agreement.  If you don't have a written agreement, then everyone has to pay their own attorney fees which means you are screwed.  Keep going with the lawsuit representing yourself and hope you don't end up losing AND paying the deadbeat roommates fees too.  Like if you were a druggie, deadbeat can claim your illegal activity caused him to breach.   The judge will probably help you as long as you are respectful, polite, don't cry or raise your voice.

Lisa Hurtado McDonnell · Answer

Yes you can sue but does she have any assets to pay a judgment.  I would check your lease and see if you can bring in a new roommate to help pay the rent.

Dean Esposito · Answer

Did your roomate sign the lease?  Since she has an attorney, it wold be a good idea for you to have one also.

Andrew Velonis · Answer

You have answered your own question: She has gotten an attorney. If you don't have one of your own you will be at a severe disadvantage.

Thomas Edward Gates · Answer

You can take them to small claims.

Tina Fox · Answer

Yes, you had the right to sue her. Has she filed an answer to your complaint? If so, what is her defenses alleged in her answer? If you would like to discuss further, you may call our office for a free consultation.

Leonard Schwartz · Answer

You can sue her but you should get an attorney to at least look at everything and advise you.

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