[dmel]

Hi,

I have a question. My daughter is living in Seattle in an apartment that she shares with another woman. They had a one year lease, which ran out in September of last year.They decided to stay in the apartment together, while on a month to month lease plan with the landlord. The problem is this: they had initially discussed, when they went to the month to month, to stay together until the summer, when her roommate finishes law school. There was never any written commitment, however. The relationship has grown strained and my daughter is now planning to move out by April 1. She has offered to help her roommate find another roommate to help cover costs. But her roommate is now threatening to take her to small claims court if she moves out. She claims she cannot pay the rent alone and that my daughter is obligated to pay half (although the landlord is making no such demands).

Does anyone know if my daughter would be under a legal obligation to continue to pay rent because she and her roommate had talked about staying together until the summer?

Carol

[LisaB4657]

Verbal contracts concerning real estate are not enforceable. Your daughter is on a month-to-month basis only and has no obligation to pay rent beyond that.

[Fr_Chuck]

She will have to give a one month notice ( since they are on a month to month rental) Also to the landlord, whose name is on the original lease, this is who the apartment is legally rented to. She should notify the landlord and the other person in the rental she is moving out at a certain date.

The other person renting is obilgated to try and find another room mate.
If she does not try, she would have no standing at all for any law suit.
Plus if she is not in a long term lease merely a month to month, your daughter can not be held liable for more than a one month rental.

Now can the other person sue in small claims court, yes they can and your daughter will have to go defend herself. Written notices of her intent to move out ( normally sent certified with proof of reciept) to both the roommate and the land lord. Also since the other person is still living there she should not expect any of her deposit back.

Also in writing she should offer to do... list items... to help her fnd another room mate, this will help if she has to go to court.

[CaptainForest]

I agree.

She needs to give one month notice. And considering its Feb 21, she has done so.

As of April 1, she can move out and not be liable to her roommate.

[dmel]

Thank you. These opinions are so helpful to my daughter. She has really felt intimidated by her roommate (perhaps because her roommate is a law school student!). Her roommate told her that if she is taken to small claims court, it could have a "devastating" effect on her credit, etc. I believe she's just trying to scare her, which is happening. So these posts from all of you have given her a lot of support.

[Fr_Chuck]

Well anyone can take anyone else to small claims court. This girl may still take your daughter there, just being right does not mean you won't be taken to court. I often take tennants threre over rental agreements myself.

All you do is go to the court house, fill in a form and pay a fee to file. You don't have to prove any burden to get the cause heard.

But if she documents everything, nothing verbal and have and keep proff she should be OK

[CaptainForest]

She has really felt intimidated by her roommate (perhaps because her roommate is a law school student!).

She is good with the scare tactics. She will make an excellent lawyer, lol.

Her roommate told her that if she is taken to small claims court, it could have a "devastating" effect on her credit, etc. I believe she's just trying to scare her,

You are absolutely right. It is just a scare tactic. Being taken to court does NOT hurt your credit rating.

What would hurt your credit rating is if you lose in court and DON’T pay.