QUESTION

Do I have a legal recourse if my room mate left 4 months earlier than the lease was due?

Asked on Feb 17th, 2013 on Landlord and Tenant Law - Delaware
More details to this question:
If my room mate leaves 4 months earlier than the lease was due and I can not pay rent, do I have any legal recourse?
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9 ANSWERS

If the roommate signed the lease, or had an agreement with you to pay part of the rent through the end of the lease, you would have a breach of contract claim against the roommate. You could enforce it in small claims court.
Answered on Feb 21st, 2013 at 3:19 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes, against your former roommate, but the landlord, generally, can collect all of the rent from you (or your ex roommate
Answered on Feb 21st, 2013 at 3:18 PM

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You can take your ex roommate to small claims court to recover any damages, but you need to pay rent an attempt to find a new roommate.
Answered on Feb 21st, 2013 at 2:21 AM

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If your roommate signed the lease as well, your landlord may have recourse against both of you if you break the lease. If your roommate leaves you behind, you may also have recourse against your roommate. There are many possibilities here. If your roommate leaves, and you cannot pay the rent, you could be subject to an eviction action for non-payment of rent. If you are able to pay the rent, you should try to continue to do so to avoid an eviction on your record. You could then pursue your roommate's half. If you do get evicted, you could still pursue your roommate's share, but you will have to deal with the eviction on your record which will make getting another place very difficult. You might consider discussing the situation with your landlord to see if there is something that could be worked out to break the lease early or try to find a replacement roommate. If your roommate wants to leave, they should probably consider finding a replacement as well to avoid leaving you in a poor position. It would be a good idea to talk to an attorney about your specific situation to see if there are other, more preferable, options available for you to pursue so that you can avoid any negative consequences as possible.
Answered on Feb 20th, 2013 at 3:19 PM

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First, examine what your lease says about subletting, and take steps to bring another roommate in. Ask your landlord to get a writ of possession as to your ex-roommate. This will prevent him from claiming he has a right to return to the property. The above is important because when you are harmed, you have a duty to mitigate (reduce your losses). Second, you can sue your roommate for the amount he owes you. If it is under $5000, you will be in small claims, which is generally friendlier to self-represented people. Your local clerk of court should have forms and/or information about how to file a lawsuit.
Answered on Feb 20th, 2013 at 3:19 PM

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Arts Attorney serving Berkley, MI at Neil J. Lehto
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Typically, joint tenants are each liable to the landlord for the full amount of the rent. Between themselves, in the absence of a contrary agreement, they are liable for one-half each. So, if you pay the landlord more than one-half, your roommate owes you. He probably is not liable for whatever other damage you may suffer by being evicted or finding other housing.
Answered on Feb 20th, 2013 at 3:19 PM

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Monica Cecilia Castillo-Barraza
Was your roommate also on the lease? If not, then you may owe the rent but if you had an agreement, hopefully in writing, with your roommate to pay rent then you may have a breach of contract claim.
Answered on Feb 20th, 2013 at 3:19 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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As to your landlord, no. You will need to speak to him/her and see what you can work out. You can sue your roommate, but the likelihood of collecting anything and in a reasonable time is very low.
Answered on Feb 20th, 2013 at 3:18 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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Not really unless you can arrange something with the landlord.
Answered on Feb 20th, 2013 at 3:17 PM

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