info on if i have a case or not

[chrisNme1]

i moved in with a friend and both of our names are on the contract for an apartment. 3 months into the lease he moved out with no notice. i had to keep paying the rent in order to keep my credit in good standing. he now owes approximatly $4,000 in back rent. what do i do???? thanks!!

 

[JETX]

Wow, your monthly rent must be incredible!!!

1) When did the lease start?
2) When does/did the lease end?
3) How much per month?
4) When did the roomate leave?
5) Did he give notice??
6) What was his reason for leaving?
7) Did he leave voluntarily or by force?
8) What have you done to try to find a new roomate to mitigate the damage?
9) How did you calculate the amount owed by the former roomate?

 

[chrisNme1]

The rent is incredible.

1)The lease started in mid August of 2000
2)It ends at the end of September of this year (2001)
3)Rent is $825/month
4)He left in December
5)He told me the day before (and not even to my face. He left a note on the fridge)
6)He said he couldn't pay his half (knowing that i could have spotted him for a while)
7)He left voluntarily
8)I've looked at work and at school
9)We split the rent in half, so the amount (from the month he left to the time the lease is up) would be $4,120.

thank you so much for responding. This is a huge help!!!!

 

[JETX]

Based on your response, it appears that the ex-roomate could very well be liable for the damages that you incurred as a result of his breach of the lease.

Damages:
Eight months rent (I assume Dec was already paid when he moved out) would make $3,300.00 (8 x .5 x $825.00). I assume the difference would be in utilities or other 'shared' billings.

Other issues (assuming you take legal action):
1) He will obviously claim that his breach was your fault and that he was forced out. Would you be able to challenge these defenses?

2) What about the security deposit?? How much, if any, was paid by him?? He could certainly claim his share of deposit. You can't collect both; unpaid rent PLUS keep the deposit.

3) He could claim that you were wastefull in using utilities and that he shouldn't be responsible for YOUR waste.

4) Finally, and most potential problem, is the mitigation of damages. You have an OBLIGATION to try to mitigate the damages. Just saying that you have checked at school and work will probably NOT be sufficient. You will need to show a proactive effort to find a new roommate to share the expenses. This would include ads, notices, placement agreements, etc. What do you have to defend your position that you were agressive in trying to mitigate damages since January???

 

[chrisNme1]

Thank you for responding so quickly.

The damages would only include the rent. He paid the cable and the half of the phone bill and i paid the BGE (gas and electric) bill. He didn't pay for ten months, including Dec (10 months of rent).

Other issues:
1) i would definitly be able to challnge the "forced out" claim.
2) The security deposit was split in half. Truthfully, i would rather get the rent, considering that the deposit was only $375.
3) The water was included in the rent, paid by the apartment complex. There was nothing that he paid for for me to waste.
4) As for the most potential problem, i only moved in with him because i felt safe with him. I wouldn't move in with just anyone, that's why I didn't dorm on campus. I asked friends and co-workers because i could trust them.