Ex-Roomate Threatening to Sue Because I Never Gave 30 Days, I Never Signed Lease

[ccu01118]

I moved into an apartment in the state of Texas back in October 2010 with another military member. He asked me to sign the paperwork to be part of the lease, and actually handed me the agreement, however I never signed (he had been living there for a year prior and was already the primary on the lease). Being in the same specialty I'm in, he knew around how long my training was going to take, and knew very well when my training was nearing the end.

About three weeks prior to me moving out (early May 2011) I told him my official transfer date. At this time he told me that because I didn't give him 30 days notice (since he was acting as "the landlord") I would have to pay him the next months rent. Knowing that he wasn't a legal acting landlord (having actually read the lease and noting that he was illegally subletting to me) I told him "I'd think about it" to avoid any conflict, with no actual intentions of paying his bogus claims.

Now he is claiming that I damaged part of the apartment (claims that the shared garage has oil spots and there are marks the wall in my old room; I have pictures of my old room proving otherwise) and is attempting to pull me out of my next phase of training to go all the way back to Texas. Because of threatening messages sent by him, one was even sent to my fiancee whom he never even knew (had to look her up on my facebook), I've contacted my local police regarding harassment and blocked all contact with him. He's even been ordered by his CO to stop contacting my fiancee.

I just got a call from my command stating that he is trying to send me a letter of demand for the payments and wanted my address. I refused to give it to him as a result of prior threats. So my whole concern here is: Am I legally liable for the claims he is making? Will this result in me having to leave Florida to go back to Texas to fight these claims?

[Mr. Knowitall]

It appears that, absent a lease provision to the contrary, a landlord is entitled to thirty days notice - and yes, as a subtenant the master tenant is your landlord - and from what you've told us you gave about 21 days notice leaving nine days unaccounted for.

I can't resolve questions of damages for you. If he sues you in small claims court, that's something you'll have to deal with. I'm sure you're aware of the Servicemembers Civil Relief Act (SCRA); if sued, and you're on active duty, assert your rights.

[ccu01118]

This applies even if he was illegally subletting, as per the lease agreement he signed? Also, we never had a set date as to when I would pay each months rent (via a check made out to him), I would just pay him when I had the funds available; how would the 30 days thing work as per the SCRA in this situation?