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  1. #1
    Join Date
    May 2016
    Posts
    3

    Default Recovering Rent Contributions from a Roommate Who Moves Out During a Lease

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

    I will try to keep a long story short...

    No longer on good terms, my roommate is planning on moving out and breaking our lease this week which does not end until September of this year. Our rent each month is $1,100, with each of us paying $550. We both signed one lease which stated that both of us together are responsible for coming up with $1,110 each month.

    She has stated that she will still pay her portion of $550 until our lease ends September 30th. HOWEVER, I do not trust her in making monthly payments for a place that she is not residing in. My landlord told me that because our lease states that we are both responsible in paying the entire amount, if she doesn't pay -- even though she's the one who broke the lease -- this falls on me now because I am the other tenant on the lease. 1) I cannot afford to cover for the entire $1,100 on my own for the next four months as I do not make that much money since I'm a recent college graduate in an entry-level position, 2) I am trying to save up to put myself through grad school, and 3) I do not find it fair whatsoever that I am abiding by the legal contract we both signed and continuing to live there and riding out our lease, and yet she gets to screw me over if she decides not to pay her portion.

    Now, I say again, that she has not yet refused to pay, BUT I am trying to be proactive and ensure that I do not end up getting screwed over. I want to be prepared rather than be blindsided if she does pull this sort of stunt on me in the next four months. My parents, boyfriend, and co-workers have all suggested that if she does not pay, I can take legal action and sue her in Small Claims Court. In case of this, I have a copy of our signed/initialed lease as well as carbon copies of my checks showing I have consistently paid half of rent each month. My landlord suggested that I find a new roommate ASAP to make sure she doesn't screw me over, but I have exhausted all my efforts in finding someone that is available to move in on such short notice. So, sub-letting is not really an option here at the moment.

    I wish our lease had outlined that we each would pay $550, that way my ass would be covered with her breaking the lease. So, please, no one tell me that we should have done two separate leases because that is in the past now. The "Abandonment" clause states: "If Tenant vacates the Leased Premises before the end of the Lease term or renewal thereof without written permission from the Landlord, Landlord may hold Tenant in default of this Lease Agreement." Does this mean that my landlord can technically just allow my roommate to up and leave, therefore no longer held responsible for rent? Surely he wouldn't put this in the lease as everyone would just be breaking their lease left and right, but, I am just unsure what "written permission" all entails.

    Has anyone else been through a similar situation like this where they found some sort of loophole maybe in the lease that saved them from their roommate screwing them over? Also, has anyone taken their ex-roommate to Small Claims Court and won? Is it really that easy to sue her and have the case fall in my favor? Any helpful advice would be greatly appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Recovering Rent Contributions from a Roommate Who Moves Out During a Lease

    Your landlord has given you permission to seek a replacement roommate, so you need to be aware of this: If your roommate stops contributing to rent and you attempt to sue her, she can use your failure to attempt to replace her as a defense to your lawsuit. If you do not make a reasonable effort to replace her as a roommate, a court can find that you failed to mitigate your damages and deny most or all of your claim.

    As your roommate has indicated that she will be paying rent for the duration of the lease, you are getting ahead of yourself. But let's assume she does not, subject to the possible defense outlined above, you can decide if you want to sue her as each rent payment becomes due, or if you prefer to wait until the end of the lease term and sue for all of the money in a single case. Each time you file a lawsuit you will need to pay a filing fee and have the lawsuit served, so most people would try to proceed within a single case.

    Your choice of roommate is your problem, not your landlord's. Your landlord cannot make your roommate remain in residence, and each of you can potentially be held responsible for the full rent should you default. This is not a situation of abandonment -- you remain in the unit.

    You would have a much better idea than us if your roommate will pay a judgment if you successfully sue her, or if she has assets or a source of income that you might be able to reach to satisfy a judgment if she does not voluntarily pay. Texas does not permit garnishment of wages for this type of debt.

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