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Whom Do I Sue - Ex-Roomie or Landlord

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  • 05-12-2010, 01:12 PM
    No_Soup_4_U
    Whom Do I Sue - Ex-Roomie or Landlord
    Minnesota

    Ok, say you move into an apartment with a friend, and you end up, by mutual agreement, moving out a couple months before the lease ends due to various circumstances. The roomie agrees to rent the apartment by herself since she can afford it, and you both sign the lease stating as such. There are no penalties in this situation.

    Here's the problem:

    You paid February's rent on Feb 4th, and signed off of the lease on the 7th.

    Aren't you entitled to the pro-rated remainder of February's rent? When the person in question went to request the remainder of their rent back, the rental office told them they had to sue the ex-roomie who still lives there. That makes no sense, as the rent was paid to the rental company, not the roomie. As I understand, the roomie is not a party to this action.

    Who should they sue?
  • 05-12-2010, 01:55 PM
    jk
    Re: Whom Do I Sue Ex-Roomie or Landlord
    How did you sign off of the lease? Where was the LL in all of this?
  • 05-12-2010, 02:42 PM
    No_Soup_4_U
    Re: Whom Do I Sue Ex-Roomie or Landlord
    Quote:

    Quoting jk
    View Post
    How did you sign off of the lease? Where was the LL in all of this?

    Don't know, it wasn't me. The rental office staff was on duty.
  • 05-12-2010, 03:45 PM
    jk
    Re: Whom Do I Sue Ex-Roomie or Landlord
    are you one of the tenants? If not, you aren't going to get an answer as you apparently do not know the details of the situation.
  • 05-17-2010, 10:28 AM
    No_Soup_4_U
    Re: Whom Do I Sue Ex-Roomie or Landlord
    Ok. The old lease was amended, and only the roomie's name is on it. I guess my point was the Feb. money was paid to the company, not the roomie.
  • 05-17-2010, 11:22 AM
    jk
    Re: Whom Do I Sue Ex-Roomie or Landlord
    Quote:

    Quoting No_Soup_4_U
    View Post
    I guess my point was the Feb. money was paid to the company, not the roomie.



    I am presuming you each paid 1/2 the full monthly rent, yes? If so, the roomie is the one that benefited by you paying the full month. All the LL got was Feb/s rent. He still has a tenant for the full month so he is entitled to a full months rent. As a co-tenant, you were each liable for the full months rent, not just 1/2. You paying 1/2 the full rent was an agreement between you and the roomie so, if anything, you would have a claim against the roomie BUT that would depend on any agreement you made with the roomie.

    the LL doesn't owe you anything. The roomie may not owe you anything.

    On top of everything else, 30 days notice is typically required to terminate a tenancy so based on that, you would owe the LL for the full month anyway.
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