Can I hold a roommate responsible for rent if even if she has moved out?
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Can I hold a roommate responsible for rent if even if she has moved out?
My roommate and I both signed the lease. She has moved out and is refusing to pay her share. She signed another lease with another apartment complex.
Asked on November 16, 2010 under Real Estate Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If you were both on the lease, you could sue your roommate for her share under the lease. Note several things though:
1) The only way to recover money will be to sue--there's no other mechanism. So if the amount is low, it may not be worth it. You should be able to sue in small claims court, though, which will reduce costs.
2) You'll still have to make sure the landlord gets the full amount due him or her or else you can be evicted; i.e. you need to pay the full rent, then look to recover from the roommate.
3) You have no right to hold any assets or money of the roommate that might be in your keeping to make sure you get paid--unless, that is, there was some agreement between the two of you that she could do this.
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