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  1. #1
    Join Date
    Jul 2013
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    3

    Default Can I Sue a Former Roomate for Unpaid Rent if I Am Unable to Pay the Balance They Owe

    My question involves landlord-tenant law in the State of: Alabama

    I moved in to my ex girlfriend's apartment two years ago, and I was added to the lease. We renewed the lease the following year, and of course broke up a few weeks after renewing. We agreed to continue to be roomates, as it was a two bedroom apartment and the breakup was somewhat mutual. The total amount for rent was $450 per month, and we each paid $225 per month, with separate checks. The lease started in July. In December she decided to move back in with her parents (in Connecticut), and agreed to continue to pay her share of the rent, because her cats pretty much destroyed the apartment, making it basically impossible to find a replacement, and she was leaving the bulk of her furniture and belongings (including bedroom furniture) there to pick up at a later date. I couldn't afford the whole rent by myself, because I make very little money (I am a college student).

    In January I received a phone call from our rental company stating that we owed $900 in back rent plus late fees ($25/mo). As it turns out, she had been lying about paying rent and hadn't actually made a payment since September. She kept saying that she was sending checks, but the rental company claimed that they had not received any checks from her. She finally made a payment ($300) to the company in March, but hasn't made any additional payments since.

    I was out of town for a few weeks in May, and when I came home, there was an eviction notice on the door for the next day. I immediately rented a truck and moved out all my belongings into storage, and notified her that we were being evicted because she hadn't paid since March, and was still behind (6+ months by now, ~$1350 plus late fees). After speaking with the rental company, they agreed not to go through with the eviction, and allow us to break our lease if we moved out immediately, as they had already found a renter for the following year that agreed to move in early if the place was available.

    Now it is July. She still hasn't paid a single dime of rent. We owe $2000, and since the company can't seem to get a hold of her and she is out of state, they are coming after me for the money. I am currently staying with a friend, and I am probably not going to be able to find a place to live because of my rental history. As I said before, I make very little money, and I definitely can't afford to pay double rent.

    My question is this: If I haven't paid the landlord her portion of the rent, can I still sue her for the money? It would obviously be used to pay off her balance, but I feel like she will never pay her portion otherwise and they are going to probably try and take me to court, since I am the one who is still local. They are aware and acknowledge that I have been paying my half (I have bank statements with check numbers to prove it), but of course I am still liable. What can I do here?

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Can I Sue a Former Roomate for Unpaid Rent if I Am Unable to Pay the Balance They

    Quote Quoting crimson88
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    My question involves landlord-tenant law in the State of: Alabama

    I moved in to my ex girlfriend's apartment two years ago, and I was added to the lease. We renewed the lease the following year, and of course broke up a few weeks after renewing. We agreed to continue to be roomates, as it was a two bedroom apartment and the breakup was somewhat mutual. The total amount for rent was $450 per month, and we each paid $225 per month, with separate checks. The lease started in July. In December she decided to move back in with her parents (in Connecticut), and agreed to continue to pay her share of the rent, because her cats pretty much destroyed the apartment, making it basically impossible to find a replacement, and she was leaving the bulk of her furniture and belongings (including bedroom furniture) there to pick up at a later date. I couldn't afford the whole rent by myself, because I make very little money (I am a college student).

    In January I received a phone call from our rental company stating that we owed $900 in back rent plus late fees ($25/mo). As it turns out, she had been lying about paying rent and hadn't actually made a payment since September. She kept saying that she was sending checks, but the rental company claimed that they had not received any checks from her. She finally made a payment ($300) to the company in March, but hasn't made any additional payments since.

    I was out of town for a few weeks in May, and when I came home, there was an eviction notice on the door for the next day. I immediately rented a truck and moved out all my belongings into storage, and notified her that we were being evicted because she hadn't paid since March, and was still behind (6+ months by now, ~$1350 plus late fees). After speaking with the rental company, they agreed not to go through with the eviction, and allow us to break our lease if we moved out immediately, as they had already found a renter for the following year that agreed to move in early if the place was available.

    Now it is July. She still hasn't paid a single dime of rent. We owe $2000, and since the company can't seem to get a hold of her and she is out of state, they are coming after me for the money. I am currently staying with a friend, and I am probably not going to be able to find a place to live because of my rental history. As I said before, I make very little money, and I definitely can't afford to pay double rent.

    My question is this: If I haven't paid the landlord her portion of the rent, can I still sue her for the money? It would obviously be used to pay off her balance, but I feel like she will never pay her portion otherwise and they are going to probably try and take me to court, since I am the one who is still local. They are aware and acknowledge that I have been paying my half (I have bank statements with check numbers to prove it), but of course I am still liable. What can I do here?
    You cannot sue her for money you have not paid.

  3. #3
    Join Date
    Jul 2013
    Posts
    3

    Default Re: Can I Sue a Former Roomate for Unpaid Rent if I Am Unable to Pay the Balance They

    Can I do anything at all or do I have to just eat the bad credit and get sued?

  4. #4
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Can I Sue a Former Roomate for Unpaid Rent if I Am Unable to Pay the Balance They

    Quote Quoting crimson88
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    Can I do anything at all or do I have to just eat the bad credit and get sued?
    This is living, isn't it - We have to live with the consequences of the choices we make.

  5. #5
    Join Date
    Jul 2013
    Posts
    3

    Default Re: Can I Sue a Former Roomate for Unpaid Rent if I Am Unable to Pay the Balance They

    Quote Quoting Antigone
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    This is living, isn't it - We have to live with the consequences of the choices we make.
    I guess I don't feel like her not paying her rent is a choice I made, but I guess I will have to try and pay back rent and court fees with my $9/hr job. Thanks for your callousness!

  6. #6
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Can I Sue a Former Roomate for Unpaid Rent if I Am Unable to Pay the Balance They

    Quote Quoting crimson88
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    I guess I don't feel like her not paying her rent is a choice I made, but I guess I will have to try and pay back rent and court fees with my $9/hr job. Thanks for your callousness!
    Sorry I didn't include love and kisses in my response. I just don't roll that way.

    But since it bothered you so much,

    xoxo ~ tigi

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