Tenant is breaking his half of our lease

[skydakota]

What is the name of your state (only U.S. law)? Florida I rent a home with another tenant and he informed me today he is breaking his portion of the lease, which doesn't end until December 2010. He works full-time, but now that his parent's condo is vacant, he wants to go there and live for free! We signed the lease for this home together, and it was a legally binding contract, and agreed that we were each responsible for half the rent. Now, I will be left "holding the bag" and have to pay the full rent. I am self-employed and struggling financially. And, I am also new to the area and woulddn't trust a stranger here in the home with me - this man was someone I have known for over two years. What do I do? Sue him in small claims court, or have a lawyer draw up papers? I want him to pay me the three months rent he is "skipping out" on!

 

[Who's Liable?]

What is the name of your state (only U.S. law)? Florida I rent a home with another tenant and he informed me today he is breaking his portion of the lease, which doesn't end until December 2010. He works full-time, but now that his parent's condo is vacant, he wants to go there and live for free! We signed the lease for this home together, and it was a legally binding contract, and agreed that we were each responsible for half the rent. Now, I will be left "holding the bag" and have to pay the full rent. I am self-employed and struggling financially. And, I am also new to the area and woulddn't trust a stranger here in the home with me - this man was someone I have known for over two years. What do I do? Sue him in small claims court, or have a lawyer draw up papers? I want him to pay me the three months rent he is "skipping out" on!

If indeed the roommate is indeed a signed party on the lease, he is legally liable for 1/2 of the rent monies due every month. Inform tenant he is breaking the lease and MUST actively find a replacement. You are not required to accept just anyone, but must also try to mitigate your damages.

Inform tenant that it no suitable person can be found, you can sue the roommate for "constructive eviction" and any and all fees associated with said eviction he will be liable for.