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SaraKammeraad · Dec 6, 2011, 12:07 PM

A friend of mine moved out of her apartment in August. She gave notice to the other person on the lease and informed the property agent correctly. She tried to sue her past room mate for money that the room mate owed her and the judge allowed the room mate to counter sue without notice. That was at the end of October. The room mate counter sued her for rent not paid and now she is also being sued by the property agency along with the original leassor for unpaid rent along with $1000's of dollars in damages cause to the property by the room mate and her boyfriend and her children and pets. My friend did not have pets but is afraid that she will be liable for the damages done by the room mate her children and boyfriend. She originally moved out because the room mates boyfriend was assualtive against her and threatening. Is there anything that she can do to help protect herself? Like I said there were other leassors on the agreement and she did verify that she was going to and did move from the property, the property agency said that it was not necessary to take her off the lease because the lease was done in a little over 1 month.

JudyKayTee · Dec 6, 2011, 12:31 PM

A Lease is a written legal document modified only by another written document. Did the property agency release her IN WRITING? Verbal releases are not binding.

If not she is liable for unpaid rent up to and including the end of the lease. That's the problem with being a co-tenant. If she is sued by the property owner then your friend will have to sue the former roommate(s) for that person's share or shares.

All parties on a lease are liable for all damages - no matter who was responsible for the damages.

Did she report the assaults and threats to the Police? That would improve her chances of winning a case.

This is pretty much general or contract law and State Laws are very similar - but what State?

Fr_Chuck · Dec 6, 2011, 12:35 PM

I will agree, allowing her to move out, is not the same as releasing her. If she was on the written lease then if the other party moves out and leaves damages, she can be held liable for damages and any unpaid rent, ( even after she moved out, if the other party did not pay)

She needs an attorney to help try and fight. The other parties can be held liable, but the landlord will come after both.