Roommate moved out

[Fl_renter]

What is the name of your state? FL

Let me start by saying I have read the FL law regarding landlords and tenants. Since we are a tenant dealing with another tenant, I am stuck on what we are legally allowed to do. We do plan to consult a lawyer but I want to get some advice here first.

In May of 05, my husband, myself, and a friend signed a year lease and that year passed without incident. In May of 06, we signed a new lease for this year and everything was going as normal until the end of September when our "friend" came in one night and stated he was leaving. He packed his clothes and said he would be back on the weekend for his furniture. A month later (last night) he finally came to pick up the rest of his belongings. I had wanted to keep them but I didn't think we were legally entitiled to do that so I let him take them.

He is on the lease and we've informed the landlord that he's moved and she asked us if we wanted to take him off, we said no to that for now. I know that no matter what we would be responsible for the remainder of the lease but I would like to sue him for what he would owe if he were still living here for the remainder of the year. He owes us $500 from September and approx $6000 for the reaminder of the lease. He also put in his money for security/last months rent of $1500 so I don't want more money than I think he owes us. He keeps saying he is going to pay what he owes but hasn't made an attempt at that yet.

If we sue, what are we legally etitled to? I have proof of his rent being paid for the last 18mths. It came as an automatic payment from his pay (us navy) to my bank acount. His monthly rent amount was $750.

 

[ecmst12]

In most states you will have an obligation to attempt to find a replacement tenant. You can't just charge him for the remainder of the lease. However you can add the cost of advertising to the amount you ask for in the lawsuit. You can only sue him for the months that his room remains un-rented.

 

[Fl_renter]

Our LL lives in NY and does not want to go through the process of approving another roommate. She is willing to remove the old roommate but not add another.



ETA - Does his date of moving out start from when he left or when he came to pick up his things and drop off the keys? He hasn't given any written notice and I don't have a way to contact him other than through his work, which will not pass on messages. He hasn't changed his phone number with anyone and his mail still comes here. I saved some of his mail and gave it to him when he was here last night, can I throw away any more that we get?

 

[Fl_renter]

Any more advice?

 

[cvdesign]

If you willingly take back possession of the room, you MUST, by FL statutes, attempt to find a new tenant.

However, if the roomie has just upped and left - basically abandoned the property, you are legally entitled to "stand by and do nothing" - that is, your roomie stays on the lease, and is responsible for any rents due.

However, I recommend that you be a nice person and let the guy out of his lease - though you are not legally bound to.

 

[Who's Liable?]

I would keep him on the hook, and try to find a replacement. Place ads, etc., and keep all receipts to show you took an active roll in finding a replacement. You do NOT have to approve just anyone. If it takes you awhile to find someone, oh well, the former roommamate should have been helping you.

As for the mail, if he is indeed not living there, write "return to sender" on his mail and drop it off at the mailbox. It is NOT your responsibility to get his mail.

 

[Fl_renter]

However, I recommend that you be a nice person and let the guy out of his lease - though you are not legally bound to.

umm, no! This guy was a friend of ours, more like one of the family since anything we did as a family we included him. He was in the Navy up until August and then decided he didn't want any responsibilities, quit paying his bills, etc... (wow is that the longest run-on sentance ever!?) We financed a new vehicle for DH in Aug, I had a baby Sept 2, and we have 2 other kids. He KNEW that leavig would put us in a bad position and he didn't give us any warning. If he'd have given notice, we would have been able to plan and I wouldn't be worrying about not being able to provide for my kids. He's said he will pay us eventually but I don't believe him.

Am I bitter? Damn straight! Am I going to let it go? Hell No!

 

[Fl_renter]

I would keep him on the hook, and try to find a replacement. Place ads, etc., and keep all receipts to show you took an active roll in finding a replacement. You do NOT have to approve just anyone. If it takes you awhile to find someone, oh well, the former roommamate should have been helping you.

As for the mail, if he is indeed not living there, write "return to sender" on his mail and drop it off at the mailbox. It is NOT your responsibility to get his mail.

Thanks, I was trying to find what we can legally do. I know we may never see money from him but I don't think he should be free to leave with no consequences.

 

[Who's Liable?]

Thanks, I was trying to find what we can legally do. I know we may never see money from him but I don't think he should be free to leave with no consequences.

Legally you MUST try to find a replacement. As stated before though, you do not have to accept just anyone, plus you have kids! . If at the end of the lease term, you still have not found a suitable replacement, you can sue the former rooommate for his portion of the lease, advertisement costs, and court costs. You cannot, however, charge him for utilities. He was not there to use them, UNLESS it is specifically included in the lease that utilities were to eb added.

Remember to keep all receipts of your actions to take to court.

 

[cvdesign]

Actually, per FL statutes, the LL is not required to mitigate damamges unless it's agreed to by both parties.

Since it sounds like this guy abandoned the property, they are not legally required to replace them as a tenant (unless they already agreed to).

One final note - OP, no matter angry you are, make absolutely sure that you give them back their security deposit (minus DAMAGES - you absolutely CANNOT hold the deposit in lieu of rent) ASAP. If you don't send him a list of damages, stating that you intend to keep a portion of it within FIFTEEN days, you no longer have the right to keep any of it (again, for damages). Also, if you don't send them the deposit (minus whatever deductions for damages) within THIRTY days, you lose ALL right to the deposit and are in a heap of trouble.

Much, much, luck!!

 

[Fl_renter]

About the security deposit...

I want to wait until our lease is up in June and then he can get his half back from the LL. I was thinking that would be acceptable considering that's the way it would have been, am I right? I don't want to keep his money, just get back what I feel he owes us.

I spoke to a lawyer yesterday and she said though it may be hard to get the money now that he is out of the Navy, she thinks we have a good enough case to file a small claims. I am willing to settle for $5K if I think I can get that money eventually. She's a criminal lawyer but told me she'd help fill out the paperwork.