Re: Moved Out Over a Year Ago, Ex-Room Mate Suing for Rent
if after she moved out and the original tenant (room-mate) resumed paying the full portion of the rent, does he now, a year later, have any legal right to try and get money from her?
actually if the remaining tenant paid the entire rent due, the LL would have no action. All the LL was due was the total amount of rent. They do not care who pays it. There is no "his share" and "her share" when concerned with the rent due the landlord. The only time "your share" and "my share" comes into play is between co-tenants. If the remaining tenant failed to pay the rent, the LL could have actually come after your friend for the entire amount of rent due to the rent being a joint and several debt.
I could understand that if the landlord was suing her there would definitely be legal obligation because the lease was signed.
She is liable for her agreed share of the rent to her co-tenant. The only argument she has is that the co-tenant agreed to release her from any liability for the rent upon moving out. If he did, then she can tell the guy that he released her from any liability. If he didn't, then she continued to be a named tenant with all rights of tenancy and the liability for the rent that goes along with that. Just because she chose to live elsewhere does not in itself release her from liability for the rent in that apartment.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.