Pls Help! Roommate Disagreement

What is the name of your state? I live in Canada
My roommate and I moved into our Townhouse together on May 1st 2004. Upon moving in we signed a lease agreement to have tenancy on the property for at least 90 days from the first day of tenancy. In the lease agreement it stated that one months notice is needed to be given on the last day of the month in order to be able to vacate the premises the following month. We as roommates agreed, that this applied to even if one roommate was to leave the premises and one stayed. Now on May 25th my roommate notified me that she was moving on May 28th. Do I have the right to have her pay Rent for the month of June as well as any bills charged to the property for the month of June and any bills recieved in June for consumption in May ( such as Heat, Water etc.). Her name is still on the lease and cannot be removed from the lease untill July 31st 2004 when the minimum tenancy is up, and do I have a right to withhold her damage deposit? She has already left the premises moving without my knowledge while I was at work one day earlier then she said she was, she also took the keys to our house with her leaving no forwarding address. Will I have a case if I were to take it to small claims?

In my opinion, you have a very good case. She would still be responsible for her half per the terms of the agreement until you found another roommate. If it goes to court be prepared to show where you did try to find one. She signed a contract and would be held to it.

Sorry, and contrary to other replies... you have NO case against your roommate for her breach.
The problem you have is..... her breach (if there is one) is to the other party to the lease... that being the landlord. And the landlord is going to look to you to pay the full amount of rent owed.

"We as roommates agreed, that this applied to even if one roommate was to leave the premises and one stayed."
*** Is this in writing??

"Now on May 25th my roommate notified me that she was moving on May 28th. Do I have the right to have her pay Rent for the month of June as well as any bills charged to the property for the month of June and any bills recieved in June for consumption in May ( such as Heat, Water etc.)."
*** No, at least not directly. You are both EQUALLY obligated to pay your rent to the landlord. If she isn't 'available' you must pay in full. After you have paid the costs, you can then consider demanding payment from her for the payments you were forced to make on her behalf.

"Her name is still on the lease and cannot be removed from the lease untill July 31st 2004 when the minimum tenancy is up, and do I have a right to withhold her damage deposit?"
*** Again, no. You have NO standing as to the issue of her deposit placed with the landlord.

"She has already left the premises moving without my knowledge while I was at work one day earlier then she said she was, she also took the keys to our house with her leaving no forwarding address. Will I have a case if I were to take it to small claims?"
*** See above.

My suggestions:
1) Send her a demand letter (to her last known address). The USPS will forward it if she filed a COA (Change of Address) with them. In your letter, explain her obligation and make a demand for the moneys owed. Don't GUESS at what they are... be specific.
2) If she doesn't pay you, then you will be forced to decide to file a lawsuit against her (if she has any assets!), to recover your 'damages', the amounts you had to pay on her behalf.

Jetx, I don't understand your post. First you tell the OP there is NO case against her roommate, then you go on to say if the demand letter doesn't work she can file suit.

Her roommate signed a lease. She would be equally responsible. The landlord is going to look to whoever he can to get his money, but she is entitled to seek reimbursement from her ex-roommate.

Jetx, I don't understand your post. First you tell the OP there is NO case against her roommate, then you go on to say if the demand letter doesn't work she can file suit.

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Simple really. The poster is not the landlord and therefore has no standing to bring suit for failure to pay the share of the lease.

Only after payment is made in the roommate's behalf does this poster have legal standing. But NOT as a landlord, as a debtor.

Her roommate signed a lease. She would be equally responsible

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Yes, but the lease is between the roommates and the landlord. NOT between the individual roommates. Therefore, no standing before payment is rendered.

The landlord is going to look to whoever he can to get his money, but she is entitled to seek reimbursement from her ex-roommate.

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And that would be correct. But notice, reimbursement only. Not payment through suit beforehand. Again, no standing.

Remember, even if you have 100 signers to a lease, the lease is only made between the signers (en masse) and the landlord. There is no obligation between the signers without a specific (other) written instrument of obligation.

I thought we were talking about reimbursement all along. You couldn't even get to court before the rent was due.

Two words:

MORE COFFEE

Canadaaaaaaaaaa oh Canadaaaaaaaa

I completely missed that. Remember OP this is US law so take anything said here to mean it goes there.

Yep, I just caught it to....
Everything in my post, though correct for US laws..... does NOT apply in this thread.
Questions about U.S. law ONLY