Check out some similar questions!

cuttienyc · May 21, 2009, 05:15 PM

I signed a 1year lease for an apartment last October with my then boyfriend. We broke up in March and he first agreed to still help me pay the rent after he moved out since I had been paying most things for the previous months and we both signed the lease together, basically he offered to pay half of everything, I have all that in writing in emails. He gave me half the rent for April but has since then completely ignored my attempts to get in touch with him, let alone send me anymore money for the rent.

Since we are both on the lease, is there any way I can enforce for him to pay his half even though he doesn't live here anymore? Or could I just pay half the rent and advise my landlord to collect the other half directly from him? Can he get out of the lease somehow (which would leave me stuck paying everything alone)? I need some help here...

Thank you!

emacon · May 21, 2009, 05:46 PM

You have to pay the rent and file a lawsuit against your ex. He cannot get out of his half if he signed the lease. Moving out is not a defense.

mrsraina4sho · May 22, 2009, 06:14 AM

You should go down to the courthouse and file a action against him if he doesn't show even better either way he will be made responsible and your landlord can't come after you for his part of the rent but in the meantime 2 save yourself any headaches I would find a reliable roommate whom can take the pressure of paying the entire rent off you!!

JudyKayTee · May 22, 2009, 06:22 AM

Originally Posted by mrsraina4sho

you should go down 2 the courthouse and file a action against him if he doesnt show even better either way he will be made responsible and your landlord can't come after you for his part of the rent but in the meantime 2 save yourself any headaches i would find a reliable roommate whom can take the pressure of paying the entire rent off of you!!!

This is bad legal advice. They are JOINTLY responsible for the rent. Either one can be "forced" to pay all of the rent and then that party would have to sue the other party for his/her half.

And please - speak English. Text speak is not welcome on the legal boards.

ScottGem · May 22, 2009, 06:56 AM

While this depends on the wording of the lease, the large majority of leases are written so that leasees are jointly responsible for the rental. Therefore, if you do not pay the full rental the landlord can evict you.

So you do need to sue him for his share of the rent. On the other hand, you do have to try and mitigate his losses. This means you need to make a good faith effort to find a replacement roommate.

excon · May 22, 2009, 07:25 AM

Originally Posted by cuttienyc

Since we are both on the lease, is there any way I can enforce for him to pay his half even though he doesn't live here anymore?

Hello c:

As noted, you can sue him for his half of the rent... But, you can't sue for damages that haven't happened yet. So, you're going to have to wait until your mutual agreement with the landlord ends, or you get a roommate. Only then can you calculate your damages...

If you sue NOW, you could be foregoing money that he's GOING to owe you, that you'll never collect.

excon