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Roomate is stiffing us

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M

madsplatter

Guest
I am located in Memphis, TN. I am considering taking my roomate to small claims court. Here is a brief synopsis:

my wife and i signed the lease, with the landlords permission to have a roomate who did not sign the lease. Now, halfway through the lease term, he is bailing out on us and leaving my wife and I to pay his portion of the remaining rent. the lease is unbreakable. If we pay his remaining portion of the lease, can we take him to small claims court to recover our money based on the verbal agreement that he would live out the one year lease term? we are all attending the same graduate school, and it was his intention to live out the one year lease, and because he does not appear directly on the lease he maintains that he was not legally obligated to pay any remaining amount. I do not hold out much hope for this avenue, but I wanted to see if anyone could help. thanks in advance for any advice!
 


N

No lo gonna go

Guest
Why would you not put him on the lease, or have him sign a written agreement with you detailing your deal?

I suppose you could argue there was a verbal agreement, but unless he affirms that, you are SOL.

The only thing you could get out of him is POSSIBLY 30 days of rent IF he didn't give you a month's notice.....and that is a slim possiblity at best. Without a written lease, most renters are considered to be on a month-to-month basis.

Consider this a rather cheap lesson in life. I hope you are smarter about your school work!!!
 

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