Roommate Leaving Lease Early

[Pasta88]

Massachusetts:

Our lease is up July 31st, but my roommate plans to move out July 1st. She has made it clear that she will pay her share of the final months rent, but will not pay for any utilities (which are all under my name). I should also mention that she will be taking the internet router as well, so that means I need to fork over another $50-$100 just so I can have internet for the final month.

Do I have a case in small claims court, or am I out of luck? Or is it even worth it to pursue? My thought is that since the lease was signed for a 12 month period, both roommates are responsible for all expenses during that time period, even if one person were to leave early.

Thank you in advance!

 

[quincy]

Massachusetts:

Our lease is up July 31st, but my roommate plans to move out July 1st. She has made it clear that she will pay her share of the final months rent, but will not pay for any utilities (which are all under my name). I should also mention that she will be taking the internet router as well, so that means I need to fork over another $50-$100 just so I can have internet for the final month.

Do I have a case in small claims court, or am I out of luck? Or is it even worth it to pursue? My thought is that since the lease was signed for a 12 month period, both roommates are responsible for all expenses during that time period, even if one person were to leave early.

Thank you in advance!

Your roommate once she has left will not be using the utilities - and the router is hers.

I think you are fortunate to have a roommate who understands she has a responsibility to pay her share of the last month's rent.

I don't think that you have a legal action worth pursuing.

 

[Pasta88]

Your roommate once she has left will not be using the utilities - and the router is hers.

I think you are fortunate to have a roommate who understands she has a responsibility to pay her share of the last month's rent.

I don't think that you have a legal action worth pursuing.

Appreciate the feedback!

 

[quincy]

Appreciate the feedback!

You're welcome, Pasta88. I appreciate the thanks.

You should notice utility bills are reduced a bit with your roommate's departure - and you might be able to survive one month without internet by going to the library or, if you have a laptop, by hanging out at places like Starbucks or McDonald's.


(Litigator, you can add your comments to the post with quoted content rather than making two separate posts.)

 

[Litigator22]

I fail to see where your departing roommate should be lauded for agreeing to pay her share of the rent through lease term!

Furthermore, her responsibility for the utility services will remain as agreed throughout the 12 months. She can no more avoid responsibility for those services by an early departure than she can escape paying her agreed share of the rent.

If it comes down to push or shove and you don't feel like letting her off of the hook, then I say you'd have a sustainable cause of action. However, it might be wise to wait until she comes up with the rent before pressing the issue on the utilities. Also, where do you two stand with respect to the rental deposit if any? Perhaps you would have some leverage in that area, huh?

 

[quincy]

The utilities are in Pasta88's name.

 

[xylene]

Couldn't you just offer to buy you roommate's router for 60, maybe 80 bucks leaving it set up?

 

[LdiJ]

Couldn't you just offer to buy you roommate's router for 60, maybe 80 bucks leaving it set up?

I suspect that the bill for the internet is also in the roommate's name.

I would think that the better solution would be to either use the OP's phone internet (maybe upgrading the plan temporarily if necessary) for that last month, or doing as quincy suggested.

 

[Pasta88]

I fail to see where your departing roommate should be lauded for agreeing to pay her share of the rent through lease term!

Furthermore, her responsibility for the utility services will remain as agreed throughout the 12 months. She can no more avoid responsibility for those services by an early departure than she can escape paying her agreed share of the rent.

If it comes down to push or shove and you don't feel like letting her off of the hook, then I say you'd have a sustainable cause of action. However, it might be wise to wait until she comes up with the rent before pressing the issue on the utilities. Also, where do you two stand with respect to the rental deposit if any? Perhaps you would have some leverage in that area, huh?

First off, thank you all for the feedback. Much appreciated.

So this is where it gets even more frustrating. My roommate has informed me that she will have the security deposit mailed to her new residence. I immediately contacted the rental office to make the check out to both of us. At the end of the lease we would then both pick up the check and cash it together. I felt that this was more than fair, but according to the landlord, my roommate is the "main tenant" on the lease so she will get the security deposit mailed to her directly. How can she be the main tenant if she is leaving early??

So now I am freaking out that I am going to lose my share of the security deposit.

I suspect that the bill for the internet is also in the roommate's name.

I would think that the better solution would be to either use the OP's phone internet (maybe upgrading the plan temporarily if necessary) for that last month, or doing as quincy suggested.

The internet is actually in my name, but the router belongs to her. I just bought a new one this morning.

 

[Ohiogal]

She may have signed the lease as tenant and you are listed as an occupant. Get out the lease and read it. And if the bills you receive in July are from June usage, she will need to contribute to them. So you may have a small claims case.

 

[quincy]

I wasn't thinking that the utilities might be for the previous month's usage. Good point. The roommate would be responsible for her share.

And the security deposit could be an issue if the roommate makes it an issue.

Whether suing is worth the time and expense depends, then, on what sort of money is involved. The rent payment tends to be the biggest expense and the one you don't want to be left paying on your own. The security deposit is another.

I am, in other words, revising my first post because I failed to consider everything.

 

[HighwayMan]

The internet is actually in my name, but the router belongs to her. I just bought a new one this morning.

Your cable company doesn't provide a router with your service???

 

[PayrollHRGuy]

Your cable company doesn't provide a router with your service???

Mine doesn't. They will but you pay extra for it.

 

[quincy]

It might be a dialup service rather than cable?