[Frustration]

My ex-roommate told me he wanted to move out on 11-21-08. He didn’t tell our landlord until a couple days after that. He moved out, but most of his stuff is still here. I told him as long as his stuff is still here he needs to pay rent for at least those days until he completely moves out. He still has a key. The landlord can’t deduct his rent from the deposit because I fronted his portion thinking he would pay me back which he never did. Our electric bill is on the verge of being cut and he doesn’t have his portion which I’m going to have to pay because it’s cold outside. Our landlord is fed up with him and has basically told my other roommate and myself that we’re going to have to pay his portion which she is giving us until our next pay day. She is fed up with him because he still owes her late fees for past rent and has yet to give her any money for December’s rent. This guy can’t get away with this. He has to at least give a 30 day notice right? Why should we get stuck paying his rent right before Christmas just because he can’t afford it. I asked him point blank a month prior to his announcement if he wanted to move out because we were about to get evicted and he said no that he wanted to live with us. Now he wants to move out because his car broke down and he has to fix it. Is that a valid excuse, will that hold up in court? Please help with any advice you may have. Thank you. JV

[artlady]

Hell no that is NOT a valid excuse anywhere.
I live in NY honey and that would never wash here and it won't wash anywhere else.
Judges don't care that your car broke down or whatever
They don't care you have to pay what you owe.. period!
Law that is the law :o

[LisaB4657]

He doesn't have any valid excuses. He signed a contract and he is responsible for fulfilling it.

Did you and your roommates sign one lease with the landlord, or did you sign separate leases. If you all signed one lease then most likely you and your remaining roommate are responsible for paying the full amount of the rent to your landlord. That's because you have "joint and several liability". (Your lease probably contains a clause saying this.) If that's the case then you and your remaining roommate must find a new roommate asap to take the deadbeat's place. However the deadbeat is still responsible for paying their share of the rent and utilities until you find a new roommate and that person starts paying rent.

If all of you signed separate leases with the landlord then it is possible that you are not responsible for your former roommate's share of the rent. It depends on the wording in the agreements that were signed.

In any case, start looking for a new roommate immediately. Once you have a new roommate paying rent then you can calculate the damages that the deadbeat owes you and sue him for it.

Good luck!

[ScottGem]

Bottomline, he signed a lease and needs to abide by the terms of that lease.

As Lisa pointed out, HOW the leases are signed and worded will determine whether you and the other roomie are responsible for the whole rent or not.

[Fr_Chuck]

yes the one thing you did wrong was tell him he could get out with a months notice, that may hold up.

Before you could sue for the complete value of the rent, now you may only sue for the month notice you verbally told him he could have.