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Do I have a case in small claims court?

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zaxamophone

Junior Member
State of Arizona.
I am currently on a lease with an apartment with my ex. We are both on the lease. When we signed the lease we had a verbal agreement to both be equally responsible for the lease ($400) for each of us monthly. The lease ends Dec. 31st. My ex has moved out of the apartment prematurely, and refusses to sign her name off the lease with my permission and consent.

Do I have a case in small claims court to sue for the other parties half of the rent on the month's left on the lease?
 


sandyclaus

Senior Member
State of Arizona.
I am currently on a lease with an apartment with my ex. We are both on the lease. When we signed the lease we had a verbal agreement to both be equally responsible for the lease ($400) for each of us monthly. The lease ends Dec. 31st. My ex has moved out of the apartment prematurely, and refusses to sign her name off the lease with my permission and consent.

Do I have a case in small claims court to sue for the other parties half of the rent on the month's left on the lease?
If you are both listed on the lease, you are both liable for the rent. Since your ex left, and did not sign a release with the LL to remove themselves from their lease obligation, you can hold them liable for the portion of rent that you are paying on their behalf.

You will need some proof of the amount they were paying so you can justify the amount that you are demanding repayment of in your court case. If you had to pay any late fees, you can also charge a portion of that to the claim as well.
 

zaxamophone

Junior Member
Greatly appreciate your knowledge on this matter. I have been searching desperately for advice as well as local legislature on this matter. Don't suppose you could possibly direct me toward the latter of the two. The last thing I want to happen is make an appearance in small claims court and have the judge shoot my case down.
 

TJNJmom

Member
I agree you are both liable you need to continue to pay for it and then take her to court for what she owes. In the meantime you should see if you could find a roommate to cover her part and when you do find someone you are no longer able to charge her for those months.
 

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