Suing for lease break

[Grahakay]

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


I had to break a lease with someone and the reasoning for having to break the lease wasn't even my fault in the first place. I have text message evidence showing that he ignored my constant contact for rent money and it came down to having to pay or vaca because he didnt have his part of the rent. I told him we were breaking lease instead of being evicted becasue it wouldnt look as bad on the credit reports. Would it be reasonable to ask for the entire lease breaking amount? I know I signed a contract with him, but this whole situation is not my fault. I did everything I could to contact him for his half of rent.

 

[Stephen1]

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


I had to break a lease with someone and the reasoning for having to break the lease wasn't even my fault in the first place. I have text message evidence showing that he ignored my constant contact for rent money and it came down to having to pay or vaca because he didnt have his part of the rent. I told him we were breaking lease instead of being evicted becasue it wouldnt look as bad on the credit reports. Would it be reasonable to ask for the entire lease breaking amount? I know I signed a contract with him, but this whole situation is not my fault. I did everything I could to contact him for his half of rent.

Let me see whether I understand what you are saying.
1. You are a tenant.
2. You brought in a roommate and there is a separate lease agreement between you and the roommate (the roommate is not on the original agreement between you and the landlord).
3. Because your roommate did not pay his rent to you, you were not able to pay your rent to the landlord.
4. You received a notice from the landlord to quit or pay rent. Since you couldn't pay the rent you vacated the unit and notified the landlord that you were breaking the lease. The landlord is assessing you some costs for breaking the lease.
5. You notified your roommate that you were vacating.
6. Your question is whether you can sue your roommate for 100% of what the landlord assessed due to breaking of the lease.

Did I correctly understand what you are saying?

 

[sandyclaus]

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


I had to break a lease with someone and the reasoning for having to break the lease wasn't even my fault in the first place. I have text message evidence showing that he ignored my constant contact for rent money and it came down to having to pay or vaca because he didnt have his part of the rent. I told him we were breaking lease instead of being evicted becasue it wouldnt look as bad on the credit reports. Would it be reasonable to ask for the entire lease breaking amount? I know I signed a contract with him, but this whole situation is not my fault. I did everything I could to contact him for his half of rent.

I have questions or clarifications.

Who all was listed on the lease for the rental unit?

What is the relationship between you and the other person here? Are they a CO-TENANT on the lease, or are they your subtenant?

 

[Grahakay]

All of those questions are correct, yes. I was living with someone prior to this person and she decided to completely up and leave me by myself. I don't have a large social netwrok so I didnt know anyone who could move in with me and take some of the responsbility. So, i found this person and he moved in. The way our rent worked was that we payed a month in advance and it was due at the latest by the 5th before the office opened in the morning. I was working graveyard at the time and he was working days, so we were home at opposite times and we never saw each other. A few days into March, like the 2nd or 3rd I decided to leave him a note and give him a heads up that rent was due soon (which he already knew) and that I would text him with what his half of the bills came out to that month. I text him the next morning and asked if he got my note. He played dumb and said no, so I explained to him what the note contained. He then proceeded to tell me, mind you the day before rent was due at the latest, that he doesnt have his half. He had all of February to tell me he couldnt come up with his half and we could have figured something out, but he waited untill the very last minute. So, i called the manager and told him the situation and he was willing to accept rent a week later. That entire week, both the manager and I, did everything we could to contact him for the money and he would not respond. I have text message proof. I had to leave work early to catch him before he went to work so i could confront him in person about what the deal was. I understand that i was on the lease and i am legally obligated to pay half of it. I would be okay with this had he communicated with me and the manager about his money situation. But he didnt and I dont feel that i should pay any of it to be frank. But like I said if thats what it comes down to, I will.
and to answer the second post. He signed the lease when he moved in. I'm not sure what catagory that would fall under but he wasnt paying rent to me. He would just give me the money and I would then pay the manager. I was the one who handled all of the bills as far as contacting the companies and paying them thier money. But he was just as much on that lease as i was.

 

[sandyclaus]

I'm still unclear. Trying to figure out exactly what this person would be categorized as.

If the lease was under your name and ANOTHER person, and that OTHER person left, then did the NEW person end up replacing that other person on your lease with the LL?

Was their portion of the lease assigned to the new person for the remaining lease term?

Or did this new person effectively sublet from you to make up the difference in the rent not being paid by the old tenant?

What exactly did the new person sign that makes you believe they were added to your lease?

Your answer determines who is liable for what.

 

[Grahakay]

I'm still unclear. Trying to figure out exactly what this person would be categorized as.

If the lease was under your name and ANOTHER person, and that OTHER person left, then did the NEW person end up replacing that other person on your lease with the LL?

Was their portion of the lease assigned to the new person for the remaining lease term?

Or did this new person effectively sublet from you to make up the difference in the rent not being paid by the old tenant?

What exactly did the new person sign that makes you believe they were added to your lease?

Your answer determines who is liable for what.

The first two questions are correct. He took over the persons part of the lease. He signed the lease agreement with the LL. I have his signature on the lease stating that we were gonna be there until september. It would be just like moving in a boyfriend and having them be put on the lease as a tenant that lived there, except this guy wasn't anything to me. The rules that were stated in our lease could not have let him be living there without signing the lease. Pretty much he couldnt be living there without signing it. We ar both on the lease, we both signed. He was a tenant in that apt just as much as i was. I know we are both liable for the expenses. What I'm asking is because of how HE handled the situation and because it wa HIS fault thatwe had to break lease, would i win if i asked for all of it...

 

[sandyclaus]

The first two questions are correct. He took over the persons part of the lease. He signed the lease agreement with the LL. I have his signature on the lease stating that we were gonna be there until september. It would be just like moving in a boyfriend and having them be put on the lease as a tenant that lived there, except this guy wasn't anything to me. The rules that were stated in our lease could not have let him be living there without signing the lease. Pretty much he couldnt be living there without signing it. We ar both on the lease, we both signed. He was a tenant in that apt just as much as i was. I know we are both liable for the expenses. What I'm asking is because of how HE handled the situation and because it wa HIS fault thatwe had to break lease, would i win if i asked for all of it...

You're still not answering the question.

There is adding a person on to the lease as an additional occupant of the rental unit. This just means you are informing the LL that they live there, but not that they are becoming legally liable for the rent.

Then here is adding someone to the lease as a RESPONSIBLE PARTY. This one means they OFFICIALLY take over the place of the departing tenant. This one would have required the approval of ALL original parties to the lease, including the first one that left.

You are all over the place here. You are so sure you can sue this person for the unpaid rent for the lease break, but I am not. I cannot be sure until I ascertain EXACTLY, IN WHAT CAPACITY, they were "ADDED" to the lease. Not what you believe, but what you KNOW.

Please be absolutely certain before you answer this, because as I said before, your answer will determine whether or not you can hold this individual liable for your lease break!

 

[Grahakay]

You're still not answering the question.

There is adding a person on to the lease as an additional occupant of the rental unit. This just means you are informing the LL that they live there, but not that they are becoming legally liable for the rent.

Then here is adding someone to the lease as a RESPONSIBLE PARTY. This one means they OFFICIALLY take over the place of the departing tenant. This one would have required the approval of ALL original parties to the lease, including the first one that left.

You are all over the place here. You are so sure you can sue this person for the unpaid rent for the lease break, but I am not. I cannot be sure until I ascertain EXACTLY, IN WHAT CAPACITY, they were "ADDED" to the lease. Not what you believe, but what you KNOW.

Please be absolutely certain before you answer this, because as I said before, your answer will determine whether or not you can hold this individual liable for your lease break!

He was added as a responsible party. They went through the approval process and background check and everything. When I got the notices from the collection agency, his name was right there next to mine.