Broken Lease

[Jennnn09]

I have a joint lease (I signed with another person) but this person moved out, and stopped paying for the lease. I can't afford this place on my own, hence the roommate, but I've borrowed money to keep the place and not ruin my credit. Half the rent for the 5 months this person hasn't paid would total over 3 grand, I'd need that to pay back my loans, my question is how do I sue this person for not paying on the lease that has their signature that they are responsible for!! ????????What is the name of your state (only U.S. law)?

 

[Antigone*]

I have a joint lease (I signed with another person) but this person moved out, and stopped paying for the lease. I can't afford this place on my own, hence the roommate, but I've borrowed money to keep the place and not ruin my credit. Half the rent for the 5 months this person hasn't paid would total over 3 grand, I'd need that to pay back my loans, my question is how do I sue this person for not paying on the lease that has their signature that they are responsible for!! ????????What is the name of your state (only U.S. law)?

Did you try to get another roommate to take the place of the one that left?

 

[Jennnn09]

Yes, I've tried to find a replacement, with no success however. And I've talked to the landlord several times, they basically say their hands are tied since both of our names are on the lease, they don't care who pays which part, just that it gets paid...... which doesn't help me since I've been paying the whole thing since Dec. The lease isn't up until the end of April.

 

[Antigone*]

Yes, I've tried to find a replacement, with no success however. And I've talked to the landlord several times, they basically say their hands are tied since both of our names are on the lease, they don't care who pays which part, just that it gets paid...... which doesn't help me since I've been paying the whole thing since Dec. The lease isn't up until the end of April.

You might have an issue when you sue your old roommate for a portion of the money your borrowed to stay in the apartment.

You will most likely have to prove that you actively engaged in finding another roommate to take the rent. You might have to show the ads you placed. You have a responsibility to mitigate your damages.

You won't be able to sue until you have a final amount in so far as damages. Even then you are not likely to get all of that money.

 

[Jennnn09]

I did actively try to find someone, I do have proof, but since both of our names are on the lease, and this person moved before the lease was up, and stopped paying, why am I the one responsible for everything? This person is an adult, signed the lease, agreed to everything on the lease, as did I. I haven't done anything wrong, so why is it my duty to find someone to take over for this persons ignorance? If I put an ad in the paper, and live with a stranger, that has potential to kill me in my sleep one night just for fun, (Obvious extreme example) why should I be punished for the wrong doings of someone else?

 

[Jennnn09]

And I do realize that even if I sue and win, I know that I might never actually see the money. But I'm trying to stay positive, and do everything within my power TO win, and then hopefully I DO get at lease some of the money owed to me.