QUESTION

Do I have grounds for suing in small claims court? How?

Asked on Aug 10th, 2015 on Personal Injury - Alabama
More details to this question:
I moved out of my apartment because my roommate was emotionally abusive and intimidating. The lease goes until August and I am interested in finding a new tenant to take my place. The landlord has told me that I cannot sublet the apartment unless my roommate approves of the new person. (They would be moving in with her) I feel that my roommate is purposely not choosing a new tenant. This is evidenced by her not setting up appointments with potential tenants, turning people down for petty reasons, and refusing to meet with potential tenants that I have referred to her. She refuses to answer any questions about who she has shown the apartment to, how many people have responded to the ads she has placed, etc. Whenever I try to communicate with her about subletting, she lashes out at me verbally instead of addressing the issue at hand. Today I told her that she needs to get back to a potential tenant who would like to see the apartment. She responded by telling me to stop talking to her, or she would report me for harassment. I have explained her behavior to the landlord and even forwarded him nasty e-mails she has sent me and he refuses to do anything to help. I have also provided evidence to him that she is purposely not trying to find a roommate (e-mails from potential tenants who state that my roommate never talked to them). I do not have the money to hire an attorney so the only thing I can really afford is small claims court. Do I have grounds to sue her and/or the landlord in small claims? I want to get back the money that I have had to continue to pay in rent, since I am not able to get out of the lease.
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5 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Definitely go to small claims court immediately.
Answered on Aug 10th, 2015 at 3:26 PM

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Thomas Edward Gates
If you can show she has not been reasonable in agreeing to a new tenant, you may have grounds for small claims. The claim form can be picked up at the court clerk's office or you can find it online.
Answered on Aug 10th, 2015 at 2:57 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You have no grounds against the landlord. You have already moved out, so why pay the rent any longer? If your ex-roommate does not pay the full shot, then she will be evicted. Then if she tries to sue you, you can defend on the grounds of failure to mitigate damages.
Answered on Aug 10th, 2015 at 2:34 PM

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Ronald A. Steinberg
YOU don't have a choice. YOU and the roommate are on the lease, and YOU cannot compel the roommate to accept a stranger as a new roommate. So, my friend, you are obligated to pay rent until the end of the contract whether or not you stay there. Next time, don't do it.
Answered on Aug 10th, 2015 at 2:21 PM

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James Eugene Hasser
You could sue your roommate, but I don't see any liability on the landlord's behalf. Good luck.
Answered on Aug 10th, 2015 at 2:18 PM

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