roommate

[lions1]

What is the name of your state? MICHIGAN

I signed a year lease with my roomate last september. In january he got a new job making less money. He told me he was going to talk to the office about getting out of the lease, they proceded to tell him there was know way out of it. Two weeks ago my cat urinated on his couch, he then left me a note stating that he's leaving and not paying the next four months of rent. He told me that he doesn't have to pay the rent because my cat ruined his couch. my mom had co-signed for the apartment so i'm going to stay and pay the entire rent of $800 a month.My question is if I take him to court what are my chances of winning for all 4 months of the rent and utilities

 

[stephenk]

pretty good.

 

[JETX]

"if I take him to court what are my chances of winning for all 4 months of the rent and utilities"
*** I disagree with Stephenk.
You have an obligation to mitigate your damages, and can't just assume that the former roommate is liable. You have to make a reasonable effort to replace the roommate (and his liabilities) with another. I suggest your posting some ads in local paper(s), put on some bulletin boards, etc. and keep records of your attempts.
If you do sue the former, their liability to you may be limited by your failure to mitigate the damages you claim.

 

[gary1580]

are both your names on the lease? if so, your chances of winning are pretty good but the apartment company might want to go after your roommate also.

 

[djohnson]

He may also file a counterclaim if he can show you damaged his property. He may or may not have a good case but it could be a tactic he will use once you file against him.

 

[JETX]

are both your names on the lease? if so, your chances of winning are pretty good but the apartment company might want to go after your roommate also.

Wrong. If both parties names are on the lease, each is independently liable for the rent. The landlord doesn't care if 100% of the rent is paid by tenant "A" or by tenant "B", or 50-50 by either..... as long as the full rent is paid on time.
If tenant "B" has moved out, tenant "A" remains 100% liable for the full rent. (Tenant "A" could take legal action against "B" to recover rent, but only if unpaid rent damage was mitigated).

Now, if each tenant signed SEPARATE leases, then tenant "A" cannot be held liable for tenant "B" unpaid rent.

 

[lions1]

Thank you for all your advice, a few other facts about this:

My roommate moved out today, and he took the supposed damaged couch with him. How could he sue me for it if he keeps it? I offered to pay for professional cleaning but he refused. As for the lease my mother is listed on it along with both of our names as occupants, but only my mom signed it.

 

[gary1580]

If your mom signed the lease and not you, she is liable to pay for the entire rent..... You better take your roommate to small claims, or at least threaten to take him to court asap. Did you and your roommate have anything in writing with each other? If not, that's usually not good for small claims purposes.

I would find another roommate before your mom is stuck paying all the rent.

 

[lions1]

Me and my roommate have nothing in writing , but his name is printed on the lease. My mom won't get stuck paying because I cant find a roommate. I'm going to pay the entire rent myself.