Roommate issue

[dbackfan]

This is a long story, but I will try to make it short but clear.

I moved into an apartment with my (then) boyfriend. I found out he was cheating on me so we broke up. We verbally agreed that I would move out and he would find someone to sublet my part of the lease. Of course he didn't. He then disappeared off the face of the earth. I tried to contact him every way I could think of to no avail. So, I went to the apt. managers and told them what was happening. I told them that I wanted to break the lease and I was prepared to pay in full whatever penalties were due just so I could get this whole thing behind me. The apartment managers refused to take my money saying that they could not break the lease without my boyfriend's permission. I explained that this man was nowhere to be found, but they did not budge. He FINALLY surfaced, and I got a call from the apartment manager telling me that she had worked out a deal to get us out of the lease and how much money I owed. She also informed me that she had made an agreement with my ex that he could pay back his debt in monthly installments until the balance was paid. I paid my portion in full. I thought this nightmare was over. Well, my ex did not pay his portion (as could have been predicted) and now the apartment has a collection agency after me for the money. I was not invloved in the deal that allowed my ex to pay in installments, I was not involved in the deal that determined who was to pay what amount (it was not equal). Given that I lived up to my end of the bargain that the apartment complex worked out, I do not think it is right for them to come after me for the money. Am I wrong? I have perfect credit (or had) I always pay my debts, but this one isn't my debt, it is my ex-boyfriend's. Do I have any rights here?

Please, if anyone has any advise, I would appreciate it. The collection agency and the apartment managers are not at all sensitive to my situation. Thanks...

 

[Tracey]

Sadly, you are wrong. When you signed the lease, you agreed to be liable for the entire rent and/or termination fees. Therefore, landlord can come after you for all the termination fees.

However, a landlord has a duty to mitigate damages when a tenant breaks a lease. A tenant breaks a lease by telling L she is breaking it OR by moving out and abandoning the premises. Here, you might be able to dispute the validity of the debt. You would argue that you told L you were terminating the lease 3 months ago, and you further told her that your ex had abandoned the apt. At that point, L had a duty to re-enter and take possession of the apt and re-lease it ASAP. L's refusal to do so constituted a failure to mitigate damages, and any damages that L incurred after that time are uncollectable in court. This is a dicey argument, but it's the only one I can see to help you. What you have to do is dispute the debt in writing and claim you owe L nothing. At that point, L has to sue you, you get to raise your defense, and a court determines how much you and ex owe L. The court credits you for what you paid, and you have to pay the rest. (You then get to turn around and sue ex for contribution. You may also be required to notify ex of the suit or sue him when L sues you.)

To prove your case, you will have to be able to present proof of when you told L you wanted to break the lease and when ex abandoned the apt. You'll also have to be able to show how soon L could have rerented the place.

The big problem is that you and ex negotiated a settlement with L. Usually, when L and T negotiate a settlement, T cannot go back and litigate the underlying debt. This is because L is suing for breach of the settlement, not for breach of the underlying lease. However, if your settlement was vague enough or was oral, you may be able to reopen the underlying issues.

Talk to your local tenant's rights association or a tenant's lawyer and see what they think. It may be cheaper and less hassle to pay L and just sue your ex in small claims. You can sue him for 1/2 the debt, plus 1/2 the rent you paid while he couldn't be found, and garnish his wages to make him pay.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited June 04, 2000).]