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Roommate problem

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boardmor

Junior Member
What is the name of your state? WV

I had a roommate move out about a month ago after confronting him about his drug problem and threatening to call the cops if he didnt stop. He instead moved out and now didnt pay this coming month, saying that he doesnt have to cause he didnt sign the lease.
He initial the lease instead when the landlord was going through it with us.
I have a notorized paper from or landlord stating that he agreed for the guy to live here issuing him a key and aknowleging he intial the lease.
I also have a notorized form from a friend stating he witness he lived here.
Is he obligated to pay is share of the rent.
Is the notorized form ok to take to court.
If I go to court what is the maximum I can go for.
 


ecmst12

Senior Member
Chances are he is responsible for the remainder of the lease, but you need to mitigate your damages by making a reasonable effort to find a new roommate. Once you find one, sue him in small claims court for any rent he failed to pay up to the move-in date of the new roommate. If the term of the lease expires before you find a new roommate, sue him for the whole thing.
 

boardmor

Junior Member
I have already started looking for another roommate its not real easy this time of year. I live in a college town and no one is really looking for a room. I have a flyers up everywhere so I am taking the effort to look. i just dont think me and my girlfriend can handle another month paying for his share of the rent. I just want to be sure if I take him to small claims that what I have is hopefully enough to prove he was a roommate that he is obligated to follow the lease and pay his share no matter what.
I also wasnt sure if I could just go for the rest of his share for the following months since he has broken the lease and shows no interested in paying any other months that we there isnt someone there to replace him.
 

Mr. Nice

Member
I also wasnt sure if I could just go for the rest of his share for the following months since he has broken the lease and shows no interested in paying any other months that we there isnt someone there to replace him.
I would guess that you could only go for the rent he has failed to pay and would have to make repeat visits for each month. As mentioned above, you should mitigate your damages and if you find a roomie in a few months why should you get the windfall of both the rent from him and the rent from the roomie?

Sounds like you have pretty good evidence that he was supposed to be a party to the lease.
 

JackofHeartsTHE

Junior Member
I have a similar situation and I need HELP!!

State: Missouri

My girlfriend and I leased an apartment togather several months ago(Yes I know, it was a big mistake). The relationship has recently failed and we have each found separate living arangements. I was able to get her to sign the 60-day notice for cancelation of the lease. However, true to form, she has decided that she is going to punish me for breaking up with her by leaving me to deal with the costs associated with the apartment that will occure up until the signing of the actual cancelation of lease papers. These expenses include the rent for the 2 months up until the cancelation of the lease and the $900 early termination fee. My concern is that she will be able to get away with not paying her half of the expenses because there is a guarantor on the lease, my mother. I want her to pay her fair share of the money because I do not think it is right for either the guarantor or I to have to cover the costs alone. Is there any leagal way to get the money out of her short of getting her to sign a promise to pay contract. I have written on up, but I am pretty sure Hell has a better chance of freezing over than of her signing it. She is fairly nieve so I might be able to trick her into signing it but I would rather not. Would I have any case if I had to take her to small clams court to get the money??? I really believe that she should be responsible for half of the costs and I am fairly sure that if I do not do anything then I will not see a dime from her. I know that I would do the right thing and pay my fair share of the expenses if she broke up with me. But she doesn't care about anybody and thinks nothing of screwing them over out of pitty spite.
 
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