Can My Ex-Roommate Sue Me for My Share of the Rent if I Wasn't on the Lease
My question involves landlord-tenant law in the State of: Nevada
Hi guys! So here's the deal..my old roommate and I decided to get a house together. Since I'm going thru a case of identity theft, he decideed it would be best to just put his name on the lease! And then in january, when my name is cleard, I would add my name on the lease! Well, when we first moved in, he decided to take the master bedroom (which he did not need) without telling me. I have triple the amount of stuff he had, so instead of talking about the living situation, he took the master while I had my stuff scattered throughout the 3 smaller bedrooms because it wouldn't fit into one! I told him I had a problem w this and he didn't care! Next, we was very dirty, never cleaned, complained the one time he had to clean, never pitched in for groceries or household necessities..plus everything in the house was mine (even the bed he slept on)..NEXT, he started telling me who I can and cannot bring over to the house..at this point, I decideed I can no longer live in this situation, so I gave him a 30 days notice and moved out! I'm not gonna continue paying half of the bills in a house where I have rules and he doesn't, etc..or live w someone who is inconsiderate and doesn't pitch in..so, I got a new place and offered to help him find a roommate or someone to take over the lease because he said he can't afford the house on his own! He wasn't having it...so after my 30 days notice, I moved out..he then proceeded to tell me that he is sueing me the remaining months of the lease and I will pay for half until he can find a replacement! He had 30 days to find a replacement and didn't put up one single ad! Finally, I decided to put up and ad and got over 10 responses in one day! He still refused to get a new roommate and decided to get his own one bedroom apt! He is now saying if the realty company sues him for the remainder of his lease, then he will be sueing me! I was never on the lease, and whoever was staying at the house needed to be on the lease (me and my dog were not)..yes we had a verbal agreement that I would put my name on the lease in january, unfortunately we never made it til january..he was unbearable to live with and it wasn't a 50/50 fair situation! My question is, can he sue me for the remainder of the lease? I was never on the lease, expressed in august I was unhappy, nothing changed, only got worse, plus I gave 30 days notice, paid the entire time I was there, even offered and tried to find a replacement because he was lazy to do so! Any advice would be great! Thanks a lot!
Re: Can My Old Roommate Sue Me
did you sign a lease, with anybody?
were you listed as an occupant on his lease or were you named on nothing?
who were you paying rent to?
Re: Can My Old Roommate Sue Me
My name was on nothing..not the lease or any utilities..I was simply just giving him half of the bills when they were due!
Re: Can My Old Roommate Sue Me
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I was never on the lease, and whoever was staying at the house needed to be on the lease (me and my dog were not).
then why were you ever there? You usually don't get to argue something like this where you willingly lived there but all of a sudden you have problems and argue you were not allowed to live there and use that as a basis for your actions
Do you know if subleasing was allowed or prohibited in the written lease?
depending on the facts, if you had agreed to stay the term of his lease, you may very well be held to it. Oral contracts are as binding as a written contract, Its just that they are usually harder to prove the terms.
Your roommate would be required to attempt to mitigate his damages though. He would do that by finding a replacement roommate.
Re: Can My Old Roommate Sue Me
Subleasing was not allowed..I was there because we were friends and helping each other out! I was having credit issues and he needed a roommate! We agreed the house would be ran 50/50..I soon found out tho, that was not the case...so I decided to give a 30 days notice and move.. the original plan was for me to get added onto the lease in january when the identity theft got cleared up! He was truly a nightmare to live with..was a good friend, just horrible roommate...wasn't 50/50 at all...I decided it was best to move! I offered to find a replacement (which I found more than 10 ppl interested) and he refused! He also put zero ads up in those 30 days! He chose to move out as well and now wants to sue me! He didn't need to move out, he could have easily found a replacement or someone to take over the lease! I paid the entire time I was there, the living conditions just weren't what they were supposed to be, so I moved out! Also, I was under the impression he signed a 6 month lease and he told me after I moved in that he signed a year!
Re: Can My Old Roommate Sue Me
Let's be honest here and cut this nonsense short.
You are your "friend" decided to rent a house together and because your credit was so lousy he was the only one who signed the lease. Then you two got into a tiff over immature nonsense and you picked up your marbles and moved out.
Can he sue you for doing this? Of course he can. Will he win? Depends on whether the court will agree you were part of this lease.
Gail
Re: Can My Old Roommate Sue Me
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Subleasing was not allowed..I was there because we were friends and helping each other out! I was having credit issues and he needed a roommate! We agreed the house would be ran 50/50..
this makes no sense. You both knew subleasing was not allowed but that is exactly the type of contract you entered into.
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the original plan was for me to get added onto the lease in january when the identity theft got cleared up
was the landlord on board with this plan? You don't get to just add people as you desire without the landlord's agreement.
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! I offered to find a replacement (which I found more than 10 ppl interested) and he refused!
of course he would since he couldn't sublease. He was not legally allowed to replace you.
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He also put zero ads up in those 30 days!
again, since it was unlawful to sublease, I wouldn't expect anything else.
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He didn't need to move out, he could have easily found a replacement or someone to take over the lease!
No, he couldn't because of that no subleasing clause.
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Also, I was under the impression he signed a 6 month lease and he told me after I moved in that he signed a year!
You both better hope the landlord rents the place much before the natural expiration of the lease.
I don't know how you were allowed to move in since you were not on the lease in any fashion and it is unlawful to sublease but I can only presume somewhere along the line the landlord allowed it. If so and given the clause prohibiting subleasing, I think you are on the hook if your friend sues you.
Re: Can My Old Roommate Sue Me
That's actually not the case...if u would have read everything in my original post..we had a verbal agreement that everything would be ran 50/50! That was not the case...I was under the impression it was a 6 month lease, also never discussed the bedroom situation, he contributed to nothing, buying food, household necessities, didn't clean, smoked pot all night, told me I couldn't have guests over but he could...was not the situation we had agreed upon..an actual lawyer I spoke to about the situation said yes it was a verbal agreement, but him failing to treat the household 50/50 is a breach of contract..and he was illegally subletting the room, I technically didn't even need to give 30 days notice, or try to help him find a replacement!
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AND, my credit is not lousy..I someone stole my identity and its getting taken care of it..its just a process..my credit was perfect, paid every bill in advance, I was just told by a couple apartment complexes that nobody would rent to me if I'm going thru an identity theft case...which I soon found out that is not the case because I immediately got approved for my new place...he couldn't afford rent on his own, so we figured we could help each other out..just didn't work out..
Re: Can My Old Roommate Sue Me
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and he was illegally subletting the room, I technically didn't even need to give 30 days notice, or try to help him find a replacement!
Incorrect.
Him subletting to you is between him and his landlord.
That does not absolve you of following the laws of your state - so yes, you do need to give proper notice and help mitigate damages. He very much could prevail in court.
Re: Can My Old Roommate Sue Me
I read everything and regardless of what you want to argue, your roommate is actually your landlord.
You may get away only owing for 6 months due to the 6 month 1 year issue. It usually doesn;t go that long anyway before a unit is re-rented.
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, also never discussed the bedroom situation,
so you are upset because he took the big bedroom. Why do you think you should have gotten it since, after all, you were his tenant and he your landlord. If he says you get the little rooms, then that is what you get.
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he contributed to nothing, buying food,
so you should have let him starve. His problem
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household necessities
, so keep yours in your room and don't let him use them
and?
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smoked pot all night,
hold up there. You talk like him smoking pot is a surprise. It shouldn't be:
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my old roommate and I decided to get a house together.
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but him failing to treat the household 50/50 is a breach of contract.
you got to live there, right? You got to use the bathroom, kitchen, etc, right? That's what you get when you rent a place so you got to use everything he got to use.
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and he was illegally subletting the room, I technically didn't even need to give 30 days notice, or try to help him find a replacement!
so tell the judge that if he sues you. It might give you benefit but you might want to research: clean hands doctrine. I suspect that will defeat any claim you have to defend on that basis.