roommate contract violation

[driver67373]

What is the name of your state (only U.S. law)?

I reside in Arkansas.

A couple of months ago I responded to a craiglist ad for a guy who needed a roommate in his 2 bedroom apartment. Everything seemed great so I moved in. We signed a roommate contract with several items. The following 2 are what concern this post:

II. Lease:

Roomates are entering a 6 month lease agreement. If either resident decides to move out prior to the end of the 6 month agreement, he will be legally responsible for 50% of the monthly rent until the end of the lease.

IX. Other Agreements of Residents:

Roomates agree to provide utmost respect for each other and will take under consideration how personal habits could affect the other (ie: music, personal beliefs, visitors). Roomates agree to discuss any issues that bother them and agree to work out those differences to maintain a comfortable living environment.

Here is the problem. He is not following section IX. He is doing several things without respect or consideration for me that is making living here very difficult. He won't work with me on these issues. Since he is violating the contract, could I move out without his pursuing legal compensation? The agreement was signed by us two, no witnesses. I am on the lease but that is a separate issue. Perhaps his lack of good spelling in the contract counts? Joking aside any advice is appreciated. Thank you.

 

[sandyclaus]

What is the name of your state (only U.S. law)?

I reside in Arkansas.

A couple of months ago I responded to a craiglist ad for a guy who needed a roommate in his 2 bedroom apartment. Everything seemed great so I moved in. We signed a roommate contract with several items. The following 2 are what concern this post:

II. Lease:

Roomates are entering a 6 month lease agreement. If either resident decides to move out prior to the end of the 6 month agreement, he will be legally responsible for 50% of the monthly rent until the end of the lease.

IX. Other Agreements of Residents:

Roomates agree to provide utmost respect for each other and will take under consideration how personal habits could affect the other (ie: music, personal beliefs, visitors). Roomates agree to discuss any issues that bother them and agree to work out those differences to maintain a comfortable living environment.

Here is the problem. He is not following section IX. He is doing several things without respect or consideration for me that is making living here very difficult. He won't work with me on these issues. Since he is violating the contract, could I move out without his pursuing legal compensation? The agreement was signed by us two, no witnesses. I am on the lease but that is a separate issue. Perhaps his lack of good spelling in the contract counts? Joking aside any advice is appreciated. Thank you.

Exactly what is your roommate doing that violates section IX?

Keep in mind that respect cannot be litigated. In roommate and co-habitation situations, there can often be habits or practices that one is used to doing for a long time that don't even come to mind when another person enters their living space. Time to show some respect yourself and work out your issues like adults instead of trying to bail on a legally binding roommate agreement.

Unless, of course, you don't mind being forced to pay for 50% of an apartment that you no longer live in because you chose to move out early and broke your agreement...

 

[JETX]

Roomates are entering a 6 month lease agreement. If either resident decides to move out prior to the end of the 6 month agreement, he will be legally responsible for 50% of the monthly rent until the end of the lease.

On its own, that clause is pretty useless. Legally, the remaining roommate is REQUIRED to mitigate his losses before he can claim full 'damages'. Simply, this means two things:
1) The 'breaching' roommate would not be liable if he were able to show that he presented suitable tenant replacement (to mitigate damages).
or
2) The remaining roommate MUST try to replace the 'breaching' roommate (to mitigate damages).

IX. Other Agreements of Residents:
Roomates agree to provide utmost respect for each other and will take under consideration how personal habits could affect the other (ie: music, personal beliefs, visitors). Roomates agree to discuss any issues that bother them and agree to work out those differences to maintain a comfortable living environment.

Here is the problem. He is not following section IX.

That is your OPINION. Whether it is true or not, and to what extent IF true, would require a FULL review of the facts and claims, by an unbiased party, usually a court.

He is doing several things without respect or consideration for me that is making living here very difficult. He won't work with me on these issues.

Again.... YOUR opinion. A court might see it that the 'differences' are minor and not sufficient to warrant termination of lease obligations.

Since he is violating the contract, could I move out without his pursuing legal compensation?

No. Either party has the right to pursue legal compensation. After all, anyone can sue almost anyone else claiming almost anything. Whether they would actually get it would depend on a court.