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guesswho · Feb 9, 2008, 07:38 AM

3 years ago I co-signed a 2 year lease on a house. I planned to share the house with another single mother. We each have one child.

It was a disaster. We moved in 6 weeks after she and her daughter moved in. The first night my 6 year old and I slept there, she and her teenage daughter had a screaming fight. That was just the beginning. The adult roommate kicked furniture, threw food, broke ceramics. She was sullen and rude. She hid bills, threatened me and scared my son. The situation was intolerable.

Finally, after 8 months, we moved out. I offered to help her find a tenant, but she wouldn't speak to me. I discussed the situation with the owner of the house, who reluctantly agreed with my decision.

Now, over 2.5 years later, the roommate is suing me for utilities, and 2 mo. Security deposits,
Coming to $3,000. It's true, I broke an agreement. But I gave one month's notice and paid a full month's rent after moving out. Do I have any recourse? I spoke to an attorney who said that basically, I'm going to lose.

Thank you. The court date is Monday, so if anyone has an opinion, I'd be grateful to hear it!

s_cianci · Feb 9, 2008, 07:54 AM

It would seem that the lease and any ensuing agreements were with the owner of the house, not your roommate. And you state that the owner "reluctantly agreed with your decision", thereby essentially giving you an out. If anyone has a case against you it's the landlord, not your former roommate. Since the two of you co-signed the lease you are jointly and individually responsible for all rent, utilities, security deposits, etc. whatever was specified in the lease. That being the case, it'd be up to the landlord to sue both you and your ex-roommate for any items in arrears.

George_1950 · Feb 9, 2008, 08:06 AM

Forget what the lawyer said. You need to organize your defense. She is the plaintiff and must show up and prove her case; if she is a no-show, ask for a dismissal. After she finishes her presentation, you get to 'cross-examine'; have your list of questions ready, of each incident you can remember that made your tenancy impossible; just like you did here with the teenage daughter, adult roommate kicking furniture, throwing food, etc. Be prepared to go through the whole thing. (This is when she is testifying; you must ask her questions, so start with, "Isn't it true that you and your teenage daughter had a screaming fight?") You must ask her these questions and get her to answer them. Also, ask her what efforts she made to locate a new tenant, especially since she wouldn't speak to you; she has a duty to 'mitigate' her damages, to have found a new tenant. Then you will have your opportunity to 'talk' to the judge; since you don't have a lawyer, just look the judge right in the eye and tell him/her why it was impossible for you to fulfill your part of the contract; and it was impossible because of the plaintiff's conduct. Conclude with, "Your Honor, I was not able to stay because the plaintiff made our lives miserable and it was impossible to stay. When I offered to help find a new tenant, she wouldn't speak to me."

LisaB4657 · Feb 9, 2008, 08:14 AM

Originally Posted by s_cianci

It would seem that the lease and any ensuing agreements were with the owner of the house, not your roommate. And you state that the owner "reluctantly agreed with your decision", thereby essentially giving you an out. If anyone has a case against you it's the landlord, not your former roommate. Since the two of you co-signed the lease you are jointly and individually responsible for all rent, utilities, security deposits, etc., whatever was specified in the lease. That being the case, it'd be up to the landlord to sue both you and your ex-roommate for any items in arrears.

With joint and several responsibility, the landlord could hold the one roommate responsible for the entire amount. But once the roommate pays the landlord, the roommate is then entitled to go after the OP for their share.

LisaB4657 · Feb 9, 2008, 08:17 AM

Originally Posted by guesswho

3 years ago I co-signed a 2 year lease on a house. I planned to share the house with another single mother. We each have one child.

It was a disaster. We moved in 6 weeks after she and her daughter moved in. The first night my 6 year old and I slept there, she and her teenage daughter had a screaming fight. That was just the beginning. The adult roommate kicked furniture, threw food, broke ceramics. She was sullen and rude. She hid bills, threatened me and scared my son. The situation was intolerable.

Finally, after 8 months, we moved out. I offered to help her find a tenant, but she wouldn't speak to me. I discussed the situation with the owner of the house, who reluctantly agreed with my decision.

Now, over 2.5 years later, the roommate is suing me for utilities, and 2 mo. security deposits,
coming to $3,000. It's true, I broke an agreement. But I gave one month's notice and paid a full month's rent after moving out. Do I have any recourse? I spoke to an attorney who said that basically, I'm going to lose.

Thank you. The court date is Monday, so if anyone has an opinion, I'd be grateful to hear it!

When you get to court, the first issue should be whether the statute of limitations has passed for this action. I'm not positive but I think in most cases the limit is 2 years for this type of action.

If that doesn't work, then push the issue of whether your ex-roommate ever attempted to mitigate her damages.