Roomate left - no signed lease - not suff notice

[orfanus77]

The facts are the following:

Total of 4 roomates

Roomate that moved out never told the landlord.

Agreement (verbal b/t All parties) was made in june of 99 for 1 Year.

No lease was ever signed. (does this mean it's an implied month to month contract?)

In December roomate said to two others he would/might (ambigous) be moving out in March.

As the time arrived (3 weeks prior) two roomates asked the one "whats up with your moving out?"

Roomate replys "I don't know"

Throughout the time (Dec-March) the 3 other roomates had been trying to find a new place to live. Not because of what he said but because they wanted to find a cheaper place to live on their own accord.

Roomate refuses to pay rent.

Roomate is not economically unable (of this I am positive) to pay.

Roomate moved out because he wanted to, no problems in the house caused him to leave.

Basically do we have the right to force him to pay? Who's reponsibility is it? What can we do?

Any help in this matter is greatly appreciated.

Thank you,

Gregory

 

[Tracey]

Whether you have a month to month lease or a 1 year lease depends on state law. Specifically, does an oral lease for "1 year" violate the statute of frauds (which states that contracts that will last over 1 year must be in writing to be enforceable)?

Usually, all lessors are liable for all of the rent. The landlord can hold all 4 of you liable for the duration of the lease (if 1 year) or until s/he receives adequate legal notice that one or more of you have terminated the lease (if it's month to month).

Termination varies from state to state. In WA, a tenant must give written notice to the landlord of intent to vacate 20-30 days before the next rent payment is due. Failure to do so means he is liable for the next month's rent, living there or not.

You can sue the roomie in small claims court for his portion of the rent plus costs and fees, but each one of you is on the hook to the landlord for the full rent. If it's a year lease, you have to try to find a replacement roomie. If it's a month to month lease, the remaining tenants can give notice and move.