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Roomates suing for future rent. Do they have a case?

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alpha8911

Junior Member
I am located in Alachua County, Florida


I am a college student with no assets, less than $2000 to my name, no income or job, and have a leased car.


DETAILS:

I signed a joint-lease with 3 other housemates.

No guarantor was included, and there are 3 other names besides mine on one standard lease.

After altercations that threatened my well-being and my personal property, I decided It was prudently responsible of me to move out of the house to ensure my safety:

**After being involved in roommate disputes that soon escalated, I made every attempt possible to make amends, which resulted in a rise in violence against me:

1) I was verbally threatened and told that I "was going to be put in the ICU" on multiple occasions

2) I returned from a weekend away to find that my bedroom door had been kicked in in an attempt to destroy my personal belongings (luckily I had padlocked the door in foresight of such an event). I filed a police report and there are charges of criminal mischief, misdemeanor against one of the housemates (October 17th)

3) I contacted the landlord on multiple occasions and informed him of the issues; he would not intervene, expect to post notices of non-compliance, for drug use, loud noise, and animals in the house- on behalf of my housemates. He told me that we should work out our personal issues, and that we were all jointly liable for the damage sustained to my bedroom door.

* I have saved the dates and duration of all phone conversations with the landlord.

4) I received so many threatening messages that I was forced to change my phone number.

5) Finally, I moved to an address and did not update it with the post office, as I continue to fear for my safety (October 20th)

***NOW, DECEMBER 7th, *****

- One of the housemate's mothers has been calling and harassing my parents for money! My parents should not have been involved as they are NOT ON THE LEASE and DO NOT MAKE MY RENT PAYMENTS!

- I NEVER received a letter or call asking to settle, or asking for money from the old housemates.

-My parents were told that my old housemates were taking me to small claims court to sue for "my portion of rent" which roughly would total around $3800 after a 12 month period.

___________________

a) How can they sue me for rent that is due "in the future"

b) My moving out does not directly violate the lease, as all 4 of us are jointly liable. The landlord will evict the 3 remaining tenants if they do not pay the rent in full ($425 x 3) + ("my" share of $425).

c) my understanding is that if they wanted to sue me for all the rent I would hypothetically owe, they would have to do so after the lease, and after they already spent the money on "my" share of rent.

d) if they do somehow get a judgment against me, there is nothing that will force me to pay..correct?


I greatly appreciate any input!!!
 


justalayman

Senior Member
a) How can they sue me for rent that is due "in the future"
well, are you moving back in? They will likely be required to mitigate the damages by attempting to find a roommate, if the lease allows. If not, you leaving the unit and not paying rent is just cause for them to seek the payments. They can sue for an anticipatory breach of contract if your actions show it likely to be the situation. You could always defend such a claim by moving back in.

b) My moving out does not directly violate the lease, as all 4 of us are jointly liable. The landlord will evict the 3 remaining tenants if they do not pay the rent in full ($425 x 3) + ("my" share of $425).
actually, you will be evicted as well and it will be on your credit report. The LL will have to evict everybody on the lease.
Now, while you leaving did not violate the lease, it likely violated the agreement you had with the other lessees.. That is where they would have a claim against you.

c) my understanding is that if they wanted to sue me for all the rent I would hypothetically owe, they would have to do so after the lease, and after they already spent the money on "my" share of rent.
see #1

d) if they do somehow get a judgment against me, there is nothing that will force me to pay..correct?
well, that can be taken in several different ways.

anyway, a judgment sticks around for quite awhile. In Florida it is 20 years and they get to charge 10% interest. This will also end up on your credit report.


Now, with all of that said, you might have a reasonable defense due to their actions. Their actions may be seen as a constructive eviction. If so, they simply lose as it was their actions that effectively placed them in the situation they are.
 

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