Suing deadbeat roommate

[maxthenerd]

What is the name of your state? AZ

Ok, 3 roomates sign a 1-year lease to rent a house (all three are on the lease). Roomate #3 decides 4 months into the lease that he wants to move back in with his parents in CA. He picks up and leaves without telling roomates #1 and #2 anything, and changes his cell number. (and leaves unpaid uitility bills)

A friend of Roomate #2 rents the room for a month, then moves out, then another friend of Roomate #2 rents the room for a month, then moves out. Roomates #1 and #2 post ads on Craigslist 1-2 times a month, recieve very few responses, a handful people come to look at the room, but ultimately, noone takes it.

So with 3 months left on the lease, it seems less and less likely that we will find anyone to fill the room. Can we take roomate #3 to court for unpaid rent (minus the 2 months the room was filled)? He is currently living in UT. How likely is it that we will get a judgement? The guy is broke and deep in debt, so even if we got a judgement, what could we do to collect?

 

[Who's Liable?]

You did the right thing in trying to mitigate your damages by finding other roommates, as well as posting advertizing. Keep copies of those ads as you will need them when you go to court. It is your responsibility to continue to find a replacement, thta does not mean you have to take just anyone.
Are the unpaid utility bills in the deadbeat's name, or does he owe one of you? You can only charge him utilities for the time he lived with you UNLESS it is specifically written in your lease that utilities are included OR you have a WRITTEN agreement with him.
Once the lease is over, you can take him to small claims court here in AZ. You can sue him for ad. fees, court filing fees, and the remainder of the lease that you had to pay becuase he left.
As for collecting on the judgement, there are steps that you will need to follow after you get your judgement against him. Chances are if he's so dead broke and owes money to everyone, you won't get anything back.

 

[ecmst12]

Most of the stuff I've read here indicates you have to sue a person where THEY live, not where you live. Why wouldn't that be the case here?