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jerrodcarter · Apr 19, 2008, 03:18 PM

Last Saturday my roommate up and moved out while I was at a baseball game. We have a signed lease which I am assuming makes it a binding contract and her liable for the remainder of the lease. But my real question is... the landlord allowed her to sign a lease to live in another apartment on the same property! Is the landlord in violation of the lease also? And if so what are my legal options? I received no notice from either the roommate or the landlord. And if they are in violation of the lease, may I sue both the roommate and the landlord. This has put enormous strain on me and my family... any help is appreciated:confused:

ballengerb1 · Apr 19, 2008, 03:24 PM

Your landlord broke no law. He can rent 10 more apartments to her and its still legal. I assume as you that she intends to stiff you on her half of the rent but until that happens you can't do anything. If she continues to pay, which I doubt, all is good but if she stiffs you then you must sue her. In either situations the LL has done nothing wrong or illegal. There is an old saying that anybody can sue anybody but if you sue the LL you will not win a dime.

jerrodcarter · Apr 19, 2008, 03:32 PM

She did not pay her part of the rent this month... like I said she just up and moved out.. wihtout any notice... so should I go ahead with legal action against her?

ballengerb1 · Apr 19, 2008, 03:36 PM

That is really only for you to decide taking into consideration how many more month are left on the lease. One month= don't bother, 11 months+ sue her butt. Any words going back and forth with you two? Does she return calls or blow you off, any idea why she pulled the stunt.

George_1950 · Apr 19, 2008, 03:48 PM

I suppose you could rent ten units if you wished; so could your roommate. I believe your roommate is liable for 1/2 the rent. You can sue each month, or after each month that is not paid. Can you collect?

ballengerb1 · Apr 20, 2008, 09:38 AM

If you sue I am pretty sure you will win and be able to collect. If your old roommate has the ability to pay rent for the new unit you can get a judgement against her and possibly a lien.

ScottGem · Apr 21, 2008, 07:23 AM

There is some missing information here. You say you have a signed lease, but you don't say with whom. If you are both signed onto the lease with the landlord, then the landlord has every right to transfer the lease to another unit. I think the landlord would need to give you time to find another roommate or find one for you.

If the landlord tried to sue you for the rent the roommate owes, you would have a case against them. But if the roommate had a lease with you, then they broke it and would owe you until the end of the lease or when you can find a replacement.