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graciedogg · Sep 13, 2006, 02:30 PM

My boyfriend and I are on a lease with someone in NC. The rent is $800. My boyfriend actually pays rent somewhere else but basically lives with me. Before the "someone" moved in I informed them that my boyfriend basically lives with me. She said okay and agreed to paying half the rent. She signed the lease so all 3 of us are on it. She has since moved out after 4 months of 12 month lease. It is the 13th of the month and I have still not received her portion. I paid it all to avoid any negativity between the property management company and myself. She says she is mailing it... we will see. Can I do anything because it is sooo late!
Also she owes me for a portion of the bills when she lived here in the month of August. She says she doesn't have to pay because her name's not on them. Can I get this money?
What do I do? I know that WE are all responsible because WE all signed the lease but how do I legally get the money from her and get some sort of court order stating that she will pay her portion either to myself or the property management company on time??
Thank you so much! I am totally stressed!!

CaptainForest · Sep 13, 2006, 04:38 PM

You must take her to small claims court.

Also, you must start looking for a new roommate to take up the rest of her lease.

graciedogg · Sep 13, 2006, 05:15 PM

I have to look for a new roommate?? Do I really have to since she signed the lease? I have been but what if I can't find one?

CaptainForest · Sep 13, 2006, 06:00 PM

Yes, you do.

You have what the legal people call, a “duty to mitigate”. That is, to try and find someone to pick up part of this contract.

Now, in Florida, I know you don't have to mitigate. But in most US states, you do.

If you look and can not find one, that is OK. But the point is you gave an honest and sincere effort and tried to look.

s_cianci · Sep 13, 2006, 07:03 PM

File a complaint in small claims court asking for her share of the unpaid rent and bills. Generally, either one of two things will happen: 1. the prospect of going to court will scare her so she'll give you the money and be done with it or 2. the judge, in the spirit in which you and she agreed to be roomates, will order her to pay you a sum of money to cover her share of the debt. Be sure to document everything you're asking her to pay (rent, bills, etc.) and be able to justify the amounts your asking for each item.

ScottGem · Sep 14, 2006, 06:05 AM

Yes you can and must sue her for any payments she has failed to make. The fact that she signed on the lease obligates her for a share of the rent and utilities.

However, you do have to make a good faith effort to find a new roommate. You cannot expect her to continue to pay rentals unless you do.

One other point here. Suing is one thing. If it goes before a judge, you will, most likely, be awarded a judgement. Then comes the problem of collecting. The court does not do that for you. You will have to find some assets of hers to garnish.

excon · Sep 14, 2006, 07:00 AM

Hello:

I don't know. I mean, I really don't know. We've had several questions here dealing with the same or similar issues. What is a roommate's obligation when the other roommate moves out?

Here, in graicie's situation, I suggest that gracie has no obligation to the landlord and shouldn't pay the roommates rent. The roommate signed a lease with the landlord, not with gracie. Technically, the roommate is a tenant.

Now, had gracie been the only one on the lease and the roommate was just that, a roommate, then the situation is different (I think). So, yes gracie should sue her for past bills, but she should leave the rent problem to the landlord.

Is gracie obligated to find another roommate? For the same reasons, I don't think so.

excon

PS> Then the term jointly and severally creeps into mind. I could be all wet. Let's see, I was all wet back in '02.

ScottGem · Sep 14, 2006, 07:12 AM

Excon has some good questions. If the room signed the lease with the landlord's approval (i.e. a copy of the amended lease was given to the landlord) and the roommate was paying directly to the landlord and the landlord arranged for the roommate, then gracie is off the hook.

LisaB4657 · Sep 14, 2006, 10:06 AM

Scott, as excon says, the phrase "joint and several liability" is very important here. If the lease contains that phrase then the original poster is responsible for the full amount to the landlord regardless of whether the roommate signed the lease. It would also create a duty for her to mitigate and try to find another roommate.