Can I hold a roommate responsible for rent if even if she has moved out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.