A place to ask simple legal questions. I already have the recordings of his drunken fiasco, a recording of him admitting he was drunk and up from 2-5AM slamming doors, as well as the roommate agreement form. You could include specific terms that allow a tenant break their lease in exchange for a penalty fee. The notice must include one of the following: Hello, I am an expert at JustAnswer and will be assisting you. E. Typical lawsuits seek to recover lost rent and costs of re-renting. You are not covered by the LTA and can't go the LTB. g. Aug 24, 2016 · A month later she broke up with me to live with a co-worker she just met, and she broke the lease (guess you never really know people). Tenants may be liable for remaining rent due, advertising costs, broker fees, and other expenses the landlord incurs related to the breach of lease. Avvo has 97% of all May 1, 2024 · 5. She did not pay any of the last month deposit so she was still required to pay rent for April and May. This is often called "breaking" the lease. Code. Yes, you may sue your roommate. If they’ve lived there long enough, they might have tenant rights even without a lease. Suing you for unpaid rent. It doesn’t matter if the landlord is cool wt u breaking. Jul 21, 2023 · 6. Can my roommate sue me for breaking a lease? upvote r/legaladvice. § § 66-7-109). § 55. If you don’t have a written agreement, you can use emails, bank statements, canceled checks—anything to prove the roommate’s expected contribution. Jan 11, 2023 · Some landlords include an early termination or lease-break fee in a lease agreement. So I can either amend the lease, where I would pay $200 and find a new roommate to replace me, but my roommate has to agree to release me from the lease and he won’t and he’s saying we have to break it instead. 6. And if you have already paid rent she can't kick you out for that month without compensating for that. Engaging in illegal activity on the premises. If your roommate also signed the lease, you can sue the roommate. 2. This means that the tenant may still be obligated to make monthly rental payments even if they are no longer living in the property. Jan 21, 2023 · Yes. Find landlord & tenant lawyers. I continue to pay each month, and I am actively searching for a new roommate, hoping that someone doesn't mind sharing a one bedroom. Code § 35-9A-164 (2022). Can I break my lease if I want to buy a house? 9. Feb 25, 2005 · I am on a joint lease with two other people and I moved out of the house because my roommate's dog did about 500 dollars worth of damage to my property while living with her. At the beginning of the lease I informed my landlord that I may have a life change requiring me to break lease early, and… Not to mention the simple fact that small claims judges HATE crooked landlords. App. If you want that to happen, don't be antagonistic to your roommate and start kissing her butt. It appears both of them are privileged to sue you. If you stay in the apartment and continue to pay the full rent due, the lease remains in effect and there will be no penalties for breaking the lease. Details. Per California's Civil Code Section 1946. Most areas require you to give written notice (like 30 days) before eviction. Oct 26, 2013 · Me and my friend and his girlfriend got an apartment together and agreed to split everything three ways. Therefore, your landlord can hold you responsible for paying the entirety of the lease amount each month Aug 30, 2022 · Living with one or more my is not an straightforward thing, though it is may necessary when you does afford to apartment or house on your own. Each person who signs the lease is agreeing to pay the total amount of the rent, not the split amount. You would have a claim for breach of contract if your roommate is breaking the lease and not paying their portion of the rent. She agreed to clean as well and said so on text, yet she left the place a mess. Apr 21, 2023 · Let’s say you’re moving across the country for a new job and have to break your lease. Many landlords don’t want to Feb 26, 2020 · In a variety of situations, California law gives a roommate the legal right to break a lease before the lease agreement reaches its end date. When I brought that to their attention the girlfriend text me and said "I work at a law office and I can get an eviction expedited". An Arizona tenant who has been the victim of domestic violence or has been the victim of sexual assault in the unit can break the lease. Breaking a lease is considered a breach of contract, and you may have to pay a penalty to do so, unless the law prohibits penalties for your specific situation. I moved out at the end of a lease that I shared with two other roommates. (Tenn. If a roommate does not pay their share of the rent or leaves before the lease is over, the landlord can sue the other roommates. If the roommate doesn't pay, the landlord/complex can sue you. § 27-40-730 (c)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for My roommate moved out after I did and on text took ownership of my trash can, which she disposed of along with other furniture. If you’re not paying your share of the rent, or are withholding your portion over a disagreement, your roommate can sue you in small claims court for your portion. Find a lawyer near you. You Are Starting Active Military Duty. I am still on the lease and have been paying rent. Is there any legal way for the my roommate to get out of the lease and then me be forced to pay the entire 100%? No, though you are in fact responsible for getting 100% of the rent to the landlord should your roommate stop paying You would then have to sue your roommate Landlord's Duty to Find a New Tenant in Colorado. Be sure to check if there is a provision in the lease agreement about potential penalties for breaking the contract. Under a typical lease, a landlord can't raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). You cannot accept when I make an inquiry, rather you can only do so after you have received an answer. These are four steps you can take to get the process started: Contact your property manager. You are also liable to the roommate too. Dec 14, 2011 · Can't break the lease and avoid liability--its not landlords problem. employees have other rights than regular Tenants I didn’t have to. The tenant will be liable for the remaining unpaid rent on a prorated basis. Code Ann. My only other option is to move and sue my rooommate. I handled the utilities. The penalty could be the equivalent of 2 months’ rent. Mar 23, 2020 · Under the lease’s terms, they have identical rights and responsibilities. Apr 2, 2021 · The landlord accepted my surrender of the premises before the end of my lease (meaning the landlord agreed I could break my lease) I was not under a lease or other obligation for the months the landlord seeks rent; A third party is responsible for the rent, e. Good luck! Here are the general steps to suing your roommate in small claims court for unpaid rent: Prepare the information you will need to file your lawsuit. Dec 5, 2022 · Your landlord can terminate the entire tenancy even if just one roommate causes problems—for example, by not paying the rent, damaging the rental unit, bringing in a dog (if your lease prohibits pets), making too much noise, or otherwise violating the lease. Oct 11, 2023 · Tenant Liabilities. Nov 27, 2023 · Yes, a landlord can take legal action against a tenant who breaks a lease agreement early without cause. Oct 11, 2023 · Find out how state laws differ for when a tenant can or can’t legally break a lease early without penalty. Finding a replacement on your own is a great way to alleviate your landlord’s fears about losing money when you move out. Apr 15, 2023 · Usually, landlords do not agree to allow a tenant to break a lease and vacate with no penalties in the middle of a lease term. Posted by u/666jewels - 3 votes and 6 comments Breaking a lease agreement. This is because under South Carolina law (S. You would file that claim with the clerk of court in the county in which you reside. I assume the deal is there is one lease with your name and your roommate's name on it. Sometimes, though, you can't stay in your rental through the end of your lease. Do what you can to Aug 30, 2022 · You can definitely sue your roommate if he/she decides to break the lease and walk out on you before the expiration of the lease period. Title: Can my roommate sue me? Original Post: I've been on a lease with roommate and I'm nervous she will sue me. Gotcha, so then your property manager is illegally evicting your roommate. Typically, only a landlord can file an eviction case, so you can request that your landlord file an eviction naming only your roommate, and not you May 18, 2020 · It’s only natural that a group of roommates find themselves in a situation where a roommate breaks the lease. There are clearly circumstances where an out of state defendant can be brought into New Jersey for court. You have to still continue paying your landlord, based on the terms of your lease. 18. The tenant must provide the landlord with written notice requesting to be let out of the lease or rental agreement on an agreed-upon date within the next 30 days. The landlord can hold all cotenants legally responsible for the lease violation of Jan 30, 2015 · You do have legal recourse against your tenant. A lease obligates both you and your landlord for a set period of time, usually a year. If the monthly rent is $1,500, you could require tenants to pay a penalty of $3,000 when looking to terminate their lease. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Apr 20, 2015 · Proper notice must be given, usually 30 or 60 days before the eviction date. Does that make it an invalid contract? I found a sublessor but my roommates won't approve him. This is because under Ohio law ( Stern v. Can my landlord sue me if I break my lease? 6. Filing a suit against your roommate who failed to pay on their terms, will eat up your expenses and take up your time. File the lawsuit. I have not returned to the residence since. (Ala. A lease is a legal contract, so by leaving early, you're breaching that contract. Neither you nor the landlord can release you from a joint lease without your co-tenant agreeing. Yes she can sue you. Aug 24, 2020 · Yes. You can sue your roommate in justice court (small claims court). Can my roommate sue me for breaking the lease? In July, I found someone on Facebook who was renting out a room/bathroom in her condo. Likely this will be in the County small claims court. Here are four things you’ll need to do to (or try to) break a two-person lease. 1. Give Proper Notice. 4. You’ll need to prove the amount the roommate owes by showing each tenant’s contribution to the total rent payment. Each roommate is “ jointly and severally liable ” for paying the rent, and this term is often specifically cited in leases. When I moved out, one roommate had not paid for 3 months worth of bills. Jun 3, 2022 · Landlords can legally evict renters for nonpayment of rent, violating other lease agreement terms, or causing damage to the rental property. Unless the lease-breaking activity in which your roommate You are a roommate not a tenant on the lease. they are threatening to move out and get there own place can i sue them for breaking the lease early if they are listed on Nov 12, 2018 · 1. Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the Can I sue my roommate for breaking the lease? Lawyers by Location . We break down each one of these steps below and for state-specific information, check out our Small Claims Guides by State. 12 people living in a one-bedroom apartment, they've done thousands in damages, have 4 cats and two dogs that are not allowed, haven't paid rent in 3 or 4 months and the LL just wants Oct 23, 2023 · Consequences for Breaking a Lease. This means that upon the death of your roommate, you will become the sole signer on the lease and be held liable to pay the full amount. ) Let's dive into the details on when a landlord might be found liable the tenant stays in the rental despite the fact the landlord wants the tenant to move, forcing the landlord to begin eviction proceedings. § 59. Their reason could be a new job, end of their studies, or a job that demands relocation or a significant other they could be moving in with. Please remember that I receive no credit for assisting you unless you accept my response. If he pays all the rent he can turn around and sue you for your half. I assumed that the cost of rent + utilities would be equally divided among 3 people, but that is not the case. Jan 22, 2015 · There are now 5 people on my lease, but only 3 living there. ) In some circumstances, a court might also allow the tenant out of the lease without penalty. In Alabama, a tenant can break a lease early, without penalty, if there are unenforceable clauses or provisions that make the lease voidable [5]. Roommates said they will be suing me for utilities they paid without me living there, can they do that? I can't afford this at apartment at all. If none of these reasons apply and you think your landlord is trying to evict you illegally, you can sue them. Jul 27, 2016 · 3 attorney answers. Therefore, rent is still due for the month of April. Breaking your end of the bargain can result in the landlord keeping your security deposit, reporting you to credit bureaus, and even suing you for remaining unpaid rent and other damages. There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. In some states, a three-day eviction notice may be allowed if the tenant has committed an egregious act, such as assault or domestic violence, or failed to pay rent. r/legaladvice. (Va. The tenant will also be liable for any Expand user menu Open settings menu. Can my roommate sue me for breaking a lease? Hey guys so here's the rub, I signed a year lease with somebody I shouldn't have and now that I'm trying to break the lease and leave, they want me to pay for everything in terms of breaking the lease and is threatening to sue me should I try and make him pay his half. (In some situations, a landlord can also be liable for injuries to guests or other people visiting the rental. In Tennessee, a tenant can break a lease early, without penalty, if there are unenforceable clauses or provisions that make the lease voidable [5]. Landlords in most states (for example, Arizona) must make a reasonable effort to rerent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. Whether the Judge awards you all that you claim or part or nothing is up to the Judge. Serve the lawsuit. I've tried to work something out with her as far as payment arrangements but she won't respond. If you damage the property, your landlord may still have a right to bill you for costs even though they keep your security deposit. Apr 19, 2024 · In the lease agreement it states that 30 days notice should be given before move out date. In Colorado, an old case imposes this duty on commercial landlords ( Schneiker v. 0. From the apartment complex on breaking the lease (this doesn’t include the amended lease mentioned earlier): However, if a roommate is not named on the lease, the named roommate may be held responsible for the full rent that is owed to the landlord. You may be able to legally move out before the lease term ends in the following situations. Be as detailed as possible—let them know exactly why you don’t feel secure and why it would be in their best interest to allow you to move out early. Log In / Sign Up; Advertise on Reddit Landlord's Duty to Find a New Tenant in Washington. When i do to gather the rest of my belongings, I plan on having a police escort. Ann. Depending on state law, your landlord can also bill you for your remaining rent. Can I break my lease if I need to care for a sick family member? 8. If your roommate has threatened or abused you, however, you might be able to get a personal protection order (PPO) which could restrict a roommate’s ability to enter or stay in the home. " Can my roommate sue me for breaking the lease if I have written agreement with the leasing company ? Lawyer directory. If the lease gives a tenant permission to act as a “master tenant,” they can go through the courts directly to start the eviction process. Should I lawyer up against my If you repeat an act that violates the lease or rental agreement within a six-month period, your landlord may give you an unconditional quit notice, giving you 14 days to move out. Apr 27, 2024 · Step 3 – Consider Reletting or Subletting. The issue as well lies in that she (the landlord) firmly stated that if I were to break the lease it would kick both myself and my roommate out. 310), your landlord must make reasonable efforts to re If the landlord doesn't correct the breach, the tenant can recover the diminution of the fair rental value of the unit or obtain substitute housing for the period of the breach, and be excused from paying rent. So if you feel unsafe in your rental, start by talking to your landlord. Before entering into a rental with roommates again, be sure to hire a lawyer to draft a roommate agreement. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston When all tenants are named on the lease, they are responsible, both as a group and individually, for all obligations stated in the lease. She moved out in march but our lease did not expire until may 31st. Read on to find out everything you need for know about suing your roommate for breaking a lease. Can I break my lease if I don’t feel safe in my apartment? 7. It’s wise for every landlord to consult a local lawyer to become Jul 31, 2020 · Your roommate has no ability to "let [you] break" your lease. The tenant may not sue the landlord or report violations of the Sanitary Code; The tenant may not join a tenants’ union; The tenant must pay a late fee if a rent payment is even one day late. they feel they are paying too much and want to pay 1/4 each and i pay 1/2. The LL is the only person who can allow you to breach the lease agreement. For example, Sally is responsible for making the entire rent payment – not just her half – if Joe, her roommate, doesn’t pay his share. Violating an established policy, such as “no smoking” or “no pets”. I cleaned for 12+ hours and have it on text. Because I was fearful of their threats I felt the need to leave as soon as possible for my safety. Nothing is worth the possibility of subjecting yourself to harm. ) Tenants should put their requests in writing and deliver the notice to May 25, 2023 · Yes, a landlord and a tenant can always make a joint decision to end a lease early. Sit in a small claims court all day and hear all the landlord-tenant disputes. Here’s how to kick someone out of your house who is not on the lease: Determine If They’re a Tenant. Stat. An early lease termination clause exists. The lease agreement that I signed stated that it was for 12 months, but she did not ask me to pay a security deposit and there is no mention in the lease at all about what happens if I have to break the lease. If you don’t pay, your roommate is left to pay Either your roomate didn't follow the contract and your landlord wasn't allowed to cancel it, or the landlord did so at their own cost. As long as the officer filed his report and gave May 4, 2022 · Getting your name removed from the lease will be a little tricky, but it can be done. Click the links below about breaking a lease in each state, or read further for a summary of both federal and state-specific laws. If she does, you have to show up, but she won't win. Despite popular opinion, Alabama tenants can't withhold rent or use "repair and deduct" when landlords fail to make important repairs that are necessary to keep the rental fit and habitable. Members Online. 2 months later, she wrote saying she won't pay, citing: (a) she was out of town for 1 month so she did not use any utilities (not mentioned before the trip) (b) 2 visits from my family that she did not want (not brought to Dec 2, 2015 · When I went home to get some things to stay at my boyfriend's, they both cornered me in my bedroom and threatened to hurt me, with my boyfriend present. You can try to do that, but it will be a waste of time. I have no idea how they would structure a lease to allow one tenant to break it without the permission of the other - your roommate can likely sue to keep the lease in force if it's not month-to-month. Explain to your tenant the course of action for ending the lease early as required by your rental agreement. If the roommate does pay, then they can sue you. Consider suing her in small claims court for damage 5. Keep up your lease payment 6. Can I break my lease if I lose my job? 11. In this case if you left, he would need to start paying all the rent or face eviction. In some situations you can also break the lease. Many times its not allowed. Tenant Rights and Responsibilities When Signing a Lease in Louisiana. I tried to get someone to take over lease, didn't work. You’ll want to contact your property manager as soon as possible, by phone or email, and explain your situation. If he is evicted due you leaving because he can't pay the entirety of the rent, then he could also sue May 13, 2024 · The property’s landlord may still evict your roommate for breaking the lease in a variety of ways, including: Not paying the rent or not paying the rent on time. 95% of them are a landlord's worst nightmare. I moved out beginning of the year but agreed to stay on the lease so she didn't have to go through the approval process again. 7, any tenant who is the victim of domestic or sexual abuse, elder abuse or stalking may terminate the lease early, though Can you sue your roommate for breaking the lease? It's easier said than done. It’s your responsibility to find a replacement. These long-arm rules are discussed in the case of International Shoe v. If you don't have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. If you both signed the lease, you are more than roommates; you are co-tenants. Breaking the lease generally means all occupants move out and pay the penalty for ending the lease early. of course i said no. You may have many reasons to sue your roommate; however, whether or not you can depends on the state in which you live. I have sent my roommate a letter stating that she needs to reimburse me for the property that was damged and she refused. Among those reasons, abuse is paramount. To learn more, read the “My Roommate Threatened or Abuse Me” Section. Talk to Your Roommate(s) First and foremost, you need to talk to your roommates and inform them of your plans. It can be either. Can I sue my roommate for breaking the lease if they stopped paying rent? . Little background: I just moved out of my house that I shared with my roommate May 24, 2024 · Here are some FAQs related to the topic of suing a roommate for breaking lease: 1. 7. Utility distribution (unless noted on the lease) is a separate contract. Or better yet, rent the smallest possible place you can afford with no roommate. You should be ready to show the Judge evidence that the roommate owes the amount you are asking for and explain your side of the story. 2d 279 (Ct. When Breaking a Lease is NOT Justified in Alabama. They may even sue you if you don’t pay. Even if your landlord has a legitimate reason to evict you, they must follow the proper Aug 31, 2023 · 5. Rev. Sep 6, 2013 · Before I decided to end the lease on my end I calculated if I can afford rent on my own, I can't. If you’re having trouble negotiating a clean break with your landlord, consider finding a new renter to relet or sublet the property. As mentioned earlier, your landlord doesn’t care where the money comes from as long as it comes in. Dec 23, 2020 · The process of evicting a roommate varies depending on how the lease expressively explains the rules and regulations of having a roommate. Security deposit distribution: If a security deposit was paid at the start of the lease, the leaving roommate might be entitled to a share of the security deposit when Nov 18, 2020 · Regardless of whether a tenant has a good reason for breaking a lease, ask them to provide a written request to terminate early, detailing their reasons for leaving. For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st. Aug 16, 2012 · Base on what you indicated in your last sentence you are still on the lease; that means you are liable to the LL for the full amount of the rent. The LL is the person you entered into a contract with. So even if its been mentally abusive In Arizona there is a law that lets someone terminate a lease, in the event of domestic violence or sexual assault. Last month one of my roommate's friends got evicted from her apartment so my roommate gave her a set of keys and told her that she could live in our apartment for the remainder of the lease. Mar 9, 2023 · This implies that the new roommate will be responsible for paying the outgoing roommate’s share of the rent, while the departing roommate will be freed from their lease duties. Talk to your landlord. I signed a year long lease. C. Can I break my lease if I am a victim of domestic violence? 10. My lease says "subletting is prohibited without landlords approval. Even though your roommate might be out of the picture, it's in your best interest to keep up your end of the lease or rental agreement. You have what amounts to a verbal contract and as such are entitled to generally 30 days notice for termination. (A lease or rental agreement may permit the landlord to charge a late fee if a rent payment is 30 or more days late. Unenforceable or Voidable Lease. Your roommate does not like your style who manner of arranging your possessions in the common areas. Taft, 361 N. The means your landlord covers the difference. An eviction notice does not always have to state the reason for the eviction, but some cities Nov 26, 2015 · Dear New York Tenant: There is no "law" to stand between you and your fussy roommate. 1-1239 (2020). This is because under Washington law (Wash. we have been in the apartment for three months and have a year lease. This could cause confusion regarding the rental agreement and readjusting the house budget. Verify on your lease agreement that you CAN sublease. Specifically, a tenant can break a lease early if the lease was signed under duress, if the tenant is a minor, or if the unit is illegal. It is good that you filled out an incident report and it is important that you followed up with the officer. See a local attorney ASAP--it may be that with a phone call and a letter you can close this situation out. I know i'm liable for half the rent still. That allows each tenant to exercise control over the entire apartment. One would require paying the full rent and suing your roomate for breaking the contract. So you may not have to pay much, if any additional rent, if you break your lease. Unless you agreed to pay a certain share of the utilities for the duration of the lease, you're not bound to that. Wanting to live with your BF is not a reason to bre My roommate decided to break the lease and move out with a one week notice. ) Instead, the general rule is that landlords are responsible for tenants' injuries only when the landlord's action (or inaction) causes or contributes to the injury. When Breaking a Lease Is Justified in Florida. Section 8, SCRIE, DRIE, DSS; Landlord failed to return or credit me for my security Jun 22, 2022 · Can I sue my roommates for breaking the lease and getting me evicted, particularly to get my security deposit back? Roommates turned out to be horrible people, they are breaking several parts of the lease such as shutting the water off after they moved out despite still being on the lease. In most cases, breaking a lease before its expiration date means that the tenant is responsible for paying rent for the remaining lease term or until a new tenant is found. Avoid Illegal Eviction Methods. Given that, your roommate isn't really talking about breaking the lease. Get app Get the Reddit app Get the Reddit app Jun 25, 2017 · Can my roommate sue me for breaking the lease early? Lawyers by Location . My roommate still threatens to sue me for breaking the lease and leaving him to pay, but now, I think I have solid footing. Then, the other roommates can sue the roommate who did not pay. This is what my roommate wants to sue me for, essentially for depriving her of her home (although I’ve been trying to tell her to find alternative accommodations for a long time now as I can’t Ok. 1976)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. Generally speaking, yes, you can sue your roommate if they break the lease. Feature Articles Questions Legal Guides Resources. The fact that the roommate is now in another state, however, does complicate the situation. Jan 26, 2011 · First off, do not expose yourself to a dangerous situation at any time and always call 911 if you are in immediate threat. I tried to get a roommate, didn't work. Can I sue my roommate for breaking the lease if we both signed it? Yes, if both parties signed the lease, you can take legal action against your roommate for breaking the lease. ci nt cg vm cq vs lt cy ho zc