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Roomate May Have to Leave School (and leave apartment) for health reasons

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DuncanHerb

Junior Member
Hey! I live in Virginia...

Here's the situation...

1. I am in graduate school, and I have been living in the same apartment for over four years. I have always paid my rent on time, there have never been any problems.

2. Last semester, I got a new roomate since my old roomie graduated.

3. My new roomate and I just renewed our lease for another year (basically, we are bound to this apartment from today until August 2007).

4. My roomate is having some health issues that might require her to drop out of school for this semester, possibly for good...

Obviously, I think you all can start to see my problem here.

Here's some important info:

We do NOT have seperate leases for this two bedroom apartment. Both of our names are on the same lease. From what I understand, even if I pay my half of the rent, and she doesn't pay hers because she's gone from school, then I am still liable for the rest of the rent, and the rental office could go after my in court.

My questions are these:

1. If she does leave school and refuses to pay her half of the rent, can I go after her in court and sue her for not paying rent?

2. Since both she and I are on the same lease, if she doesn't pay her half of the rent we BOTH get hauled to court. However, if I can prove that I have been paying my half of the rent (through canceled checks, etc) do I have any hope of the courts MAKING her pay her half?

Worst case scenario, she leaves and refuses to pay rent for a year and a half.

Should I go ahead and pay the rent in full, including her half, for that year and a half, and THEN go after her in court for breaking her lease with me? Would it help to get my apartment complex to back my in court? Can they do that?

I don't feel comfortable with just paying my half, because technically I would be breaking the law, but all because of her. My main concern is paying the rent in full, but still somehow legally making her pay her half. After all, illness or not, she is still bound legally to the lease.

What are my options? Does anyone have any advice as to what I should do or who I should talk to first?

Thanks!!
 


Who's Liable?

Senior Member
Since both your names are on the lease, you both are legally responsible for the rent...

If you want to keep your credit in good standing, you will have to pay the entire amount.. At the end of the lease term, you can take your roommate to small claims to reclaim what is owed to you, after you have made "reasonable" effort...
 

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