[terriblesilence]

I have three people on my lease, one of them decided to move out without telling anyone.

Our lease stipulates that regardless of how many people are on the lease (x) amount of dollars must be collected every month. It doesn't state that each person is required to pay (x) amount of dollars towards the whole sum of the rent every month. In other words, everybody is liable as a whole.

So my question is, although it isn't specifically stated that each person owes a fixed amount, can I take this individual to small claims court for at minimum 1/3 of the total rent every month? Would I also be able to collect utility costs from them?

In either case, what is my best course of action?

[Onedue]

It depends.

You need to find out what your renter's (tenant's) rights are in the state you are living in. Check with your State's Attorney General and see if they have information online.

Best guess is that if all the original renter's names were on the lease, than you may have a claim. If not - you'll need to call small claims courts and ask.

[terriblesilence]

@Onedue

Thanks for the quick reply, I will definitely look into that.

Also, here is slightly more information about the situation.

It is a new apartment and we are the first renters there. All 3 names are still on the lease and I inquired at one point and time about how to get the persons name off the lease.

The only way to do so would be to have all 3 parties present, all 3 of them agree to it, then have the other 2 remaining parties resign the lease stating that they will take care of the rent between 2 people. This was done.

I also inquired through the landlord/property manager what my best course of action would be and they said I "should" be able to take this person to small claims court, but beyond that the apartment complex isn't liable in any way to collect money from the. In all honesty I don't trust anything they say.

I reside in Arizona

[JudyKayTee]

I'll be interested if anyone knows the law in your area BUT in NY the two remaining roommates are responsible for the total rent and they can move against the third for his/her share. The landlord does NOT have to pursue the "missing" roommate and the 3 are on the lease so the landlord has 3 people to move against if there is a failure to pay.

[terriblesilence]

Thanks for feedback.

I just have one last set of questions.

Could I pursue this person right now to get the rent money back or should I/do I need to wait until the lease is up?

Lastly, who would I go through to set up a suit against this person? Small claims court? Could I do arbitration?

[ballengerb1]

Judy will be able to help you with that question but I am wondering what that 3rd party has to say. Have they outright refused to pay and have you told them you are considering a suit? You must demand payment before you will have a chance in court.

[JudyKayTee]

Thanks for feedback.

I just have one last set of questions.

Could I pursue this person right now to get the rent money back or should I/do I need to wait until the lease is up?

Lastly, who would I go through to set up a suit against this person? Small claims court? Could I do arbitration?

You can't sue for your out-of-pocket money until you actually HAVE out-of-pocket money. You cannot sue in anticipation of a loss or shortfall - BUT you may very well have to try to mitigate your damages. That means you have to lessen your monetary damages by finding a replacement roommate.

If you don't and the third roommate has any smarts at all, that will be his/her counterclaim and partial defense.

[ScottGem]

First, most leases DO specify that all leasors are collectively responsible for the rent. So the two of you will have to continue to pay the full amount or face eviction.

Second, the third leasor cannot just leave. They signed the lease and are responsible for their share of the rental until you release them. However, you are required to mitigate the losses by making a good faith effort to find a replacement roommate.

So what you need to do now is find someone to move in. Once you do so, you will then know how much the 3rd original leasor will owe and you then file suit for that amount.

[terriblesilence]

First off, I would just like to show my gratitude for anyone who has responded to my questions. I am impressed at how active and vocal everyone is here. I have asked this question in a couple other places and have received no responses.

How would I go about proving that I have made the good faith effort to find a new roommate? I know of many options available to me, but I am unsure of what would be valid in court. If I posted on roommates.com to find someone new would that be considered good faith?

Also, how would I prove that I contacted this individual to talk to them about potentially paying their share of the lease before legal action will be taken against them? (This is assuming they don't use email or the internet for that matter... which they normally don't). If they do use the internet and I can contact them thusly, would keeping records of our email conversations be valid?

I have taken a few law related courses in college, but a lot of this is new to me.

Thanks again for all the responses.

[ScottGem]

You would need to show that you posted advertisements and interviewed prospective roommates. If you reject qualified candidates, that might be taken as a sign of bad faith. So you need to keep a log of the interviews and the results.

You don't need to show that you tried to contact the former roomie. Though it would be helpful.

[twinkiedooter]

Send a letter Certified Return Receipt to the roommate who bailed out. Also send the letter regular mail to be sure they actually get it and spell out what you want them to agree to or do.