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Am I liable???

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T

T52

Guest
undefinedWhat is the name of your state? Texas

I apologize for the length. This is the situation. I went on vacation last year. When I returned home I found that my roommate had moved out. He did not tell me or the apartment complex we lived at that he ws moving out. I could not afford to make the entire rent payment myself, so I was forced to move out. We were on a month to month lease. The apartment complex required that you give 60 day notice before moving out. We did not provide the 60 day notice to the apartment complex. The apartment complex said that we had to pay for two months rent. My former roommate recieved notification from a collection agency demanding payment. I never recieved anything from the apartment complex, collection agency, or my former roommate reguarding this. My former roommate paid the amount owed, settling the account. Recently, I recieved a certified letter from him saying that he paid this and demanding that I pay for half. I was not even aware of the situation or that he paid it until after the fact. He has threatened to take this to small claims court. My question is: Do I have to pay him?
Considering that he was the one that created this situation by moving out without telling anyone, and that he paid the amount owed without speaking with me. Am I obligated to pay him back? I never agreed to pay him anything.
 


BL

Senior Member
http://www.capitol.state.tx.us/statutes/docs/PR/content/htm/pr.008.00.000091.00.htm

I don't know how the complex can require 60 days notice when the code for MO. to Mo . is 30 days.

Maybe it's because the monthly timing of the move .

Can he recover 1/2 from you ?

We do not know the circumstances of your shared tenancy .

By your post alone I think you would be correct in telling him to fly a kite .

Was he required by Law to pay two months ? If not then he needs to recoup one month from the Complex not you .

Has he or the Complex provided you PROOF he paid the Complex two moths
rent ?

Simply just saying so isn't proof .
 

JETX

Senior Member
"Do I have to pay him?"
*** Yes, you are equally liable for the 'damages' caused by your MUTUAL breach of the lease. When you agreed to sign the lease with him, you agreed to be held MUTUALLY liable for complying with the lease. As such, if either of you failed to comply.... each of you is separately and jointly responsible.
How much you may be required to pay though is subject to question. Of course, you can say that he has a higher percentage of obligation as the entire 'breach' was caused by him. Personally, if this were mine.... I would argue that he has the majority obligation of say 80 to 90%. If he agrees to release you from any further claim IN WRITING in return for accepting those percentages, pay him. After all, it is far less hassle than possible court, etc. If he refuses, then wait for the unlikely issue of him pursuing his claim in court and, if he does, tell your version to the court. Based on the facts you presented here, it is a better than even chance that the court would waive your entire liability.

Oh, and one more thing to consider......
The landlord has no right to demand the 60 days rent.... IF the property was re-leased to another in that time. The landlord can only recover his damages that were caused by your breach. That is the amount of time that rent was NOT being paid due to the breach. If the apartment was re-leased 20 days after your breach, then the landlord is only entitled to those 20 days.... and not the full 60 days that was claimed.

Finally, I have no idea what blonde is referring to in mentioning Missouri practices, as your case is clearly shown to be in Texas!!
 

JETX

Senior Member
Blonde Lebinese said:
Termination: Overview - ... terminations A month-to-month tenancy may be terminated by either the landlord or the tenant for ANY reason usually by giving one month's notice in advance. ...
http://www.texastenant.org/topics/terminate/terminate.html

Didn't the other url state TX also ?
Okay, part of this confusion in this post is your insistance on using non-standard (if one exists) LAZY abbreviations. In your previous post, you said: "I don't know how the complex can require 60 days notice when the code for MO. to Mo . is 30 days."
It appears in hindsight that you are 'trying to say' MONTH-TO-MONTH and not making a reference to MO (Missouri)!!! :D

Finally, your trying to quote Texas statutes is not correct as they are the MINIMUM STATUTORY provisions.... in fact, the written lease can provide for a longer notice requirement..... as in this case.
 

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