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R_G1110 · Oct 28, 2011, 03:16 PM

Hello, my question involves a roommate in a state of FL.

In July, I moved into a 2-bedroom apartment where a friend would move in with me after she turned 18 next month (August). I signed the lease & let the landlord know that a friend would be moving into & renting the second bedroom. She has been paying me a set rate for rent each month plus her share of the utility bills. It is now the end of October & she has decided to move in with her boyfriend in another apartment. She told me that she would still pay her portion of the bills & rent each month, though.

My question is: If she does not pay, can I take her to court? I only need her to pay until I have found a new roommate, but I do need that money from her until that time. If I have her sign something stating that she will pay, will that hold up as an agreement? And, what would I write?

Thanks in advance for your help!

ballengerb1 · Oct 28, 2011, 03:34 PM

Did she have a signed lease with you or just a verb deal? If no lease then she is a month to month tenat with you being her landlord. She can move with 30 days notice and not pay any rent after that as well as no utilities. If she signs a document saying she will pay you rent until you get a new roommate it might stand up in court but you'd have to sue her.

R_G1110 · Oct 28, 2011, 03:40 PM

Thanks for your response!

It was just a verbal agreement between us. Naively, I did not think to have her sign anything. But, I was considering having her sign a document that says she will pay rent until I get a new roommate. Thankfully, I've already found a roommate that says he'll move in next month, but I just want to make sure that I'll have her money if he backs out. Basically, I just want to cover my rear end.

I will be having this new roommate sign a lease when he moves in. I don't want to make the same mistake twice.

AK lawyer · Oct 28, 2011, 03:48 PM

Originally Posted by ballengerb1

... If she signs a document saying she will pay you rent until you get a new roommate it might stand up in court but you'd have to sue her.

As it stands right now, OP is sub-renting to the roommate. As Ballengerb1 says, an unwritten agreement to rent property is normally regarded as a month-to-month tenancy at will.

When she actually moves out, as I see it, any document she would sign would not be enforceable, because there is no "consideration" on the part of the roommate. A contract, such as a lease, must have consideration from both parties. Consideration, in this sense, is a promise to do something, pay money, etc.

It might be arguable that the consideration on OP's part would be not suing for the ongoing rent, but since the roommate doesn't owe that anyway (assuming she gives a 30-day written notice), the argument would be weak. If she gave the notice just within the past few days, she will be liable for a month's rent, nothing more.

AK lawyer · Oct 28, 2011, 03:51 PM

Originally Posted by R_G1110

... I will be having this new roommate sign a lease when he moves in. I don't want to make the same mistake twice.

Excellent. You are learning something. :D

Be sure the lease recites that the new roommate must pay his share in advance of when the rent is due to your landlord. In fact, you might want to require a deposit, applicable toward those lease payments.