Can My Roommate Sue Me for Moving Out

Living with roommates — information technology's only like Forrest Gump famously said near a box of chocolate, "You never know what you're gonna get."

Whether your roommate found you on Craigslist or RoomieMatch, or if information technology'south someone you've known for a long time, once you're living together in close quarters, annihilation can happen and personalities ofttimes clash. But what happens if it's and then bad the legal system gets involved? Can your roommate sue you? Are at that place valid reasons for yous to sue your roommate?

In America, anyone tin can sue anyone if y'all pay the filing fee, so yes, it'southward possible. Merely leases frequently brand it difficult to win a instance.

Who is responsible for what

When you and your roommate sign a lease, you lot're jointly responsible for the sum total of the hire and all the terms of the lease. Most leases spell this out as being "jointly and severally" liable.

Regardless of the number of roommates, you're responsible to the landlord as a grouping merely only responsible as individuals to each other. Whatever understanding relating to whom is accountable for what is between you and your roommate(s), then put information technology in writing.

It'south up to the two (or more) of you to determine the details, like who pays more if one bedroom is bigger or by what appointment you must transport in your rent check. To brand this easier, information technology'southward a good idea to set up up a roommate agreement that covers how you'll exist splitting space, utility bills and household chores.

With very rare exceptions, your charter will non state yous owe x dollars and your roommate owes y, or you are responsible for this and they're responsible for that.

Ultimately, all your landlord cares nigh is getting paid in full past someone. Everyone must follow all the terms, and if one person doesn't follow them — this means no one is following them.

i. Suing you for unpaid hire

If yous're not paying your share of the rent, or are withholding your portion over a disagreement, your roommate can sue you in minor claims court for your portion. Equally mentioned earlier, your landlord doesn't care where the money comes from equally long as it comes in. If you don't pay, your roommate is left to pay the full amount.

Then now, you're in court. If you've but refused to pay, the judge will need a valid reason why not. If you're withholding payment because of a disagreement with your roommate, the pocket-size claims court tin arbitrate and return a verdict stating if your roommate does a (fixes your stereo they broke, stops throwing weeknight ragers), and so you lot practise b, which is to pay your share. Or they tin just tell yous to figure it out like adults and dismiss the instance.

If you haven't paid due to financial hardship, the judge can arbitrate a bounden payment plan between you and your roommate so you lot can catch upward to back payments. And if you lot truly did pay and your roommate says yous haven't, y'all're going to take to show upwards with evidence of payment such every bit a canceled check or deposit skid.

But none of this absolves you from the wrath of your landlord. Regardless of the reason you haven't paid your half, your landlord can evict both of you for non-payment because their concern is full payments each month.

And remember, your roommate tin can't evict you, just your landlord tin. And if it'due south for non-payment, it volition most probable be the both of you out on the street, regardless of who didn't pay their share.

2. Suing you for moving out

If your charter says you can't vacate the flat without notice, that applies to you every bit a group, not to each of yous individually. If simply you solitary move out without warning, y'all as a group oasis't broken your charter — your roommates nevertheless occupy the unit under terms of the lease and cipher's changed legally.

What you have now done is put your now-onetime roommates in a position where they're responsible for the cost of rent and utilities without you, because even if your name is on the charter, those left backside are even so responsible to follow the charter understanding in full. Y'all can see why your roommates would exist upset.

Only like the rent, your landlord doesn't care how many fewer people alive in the apartment, as long as they get paid. So your former roommates' just recourse to get back the rent you walked out on and stuck them with is to try to sue you in small claims court.

Unless your lease specifically says every person listed on the lease must remain until the expiration of the lease or you accept a separate written agreement with your roommates proverb you won't motion out before the end of the lease, your litigious roommates don't have much of a legal leg to stand on.

A sympathetic small claims court guess might decide to hold you liable for hire since y'all moved out and until your ex-roommates discover someone to take your place, but the gauge is not obligated to. The bottom line is you tin certainly motility out on your roommates without notice, leaving them holding the bag. But doing and so certainly won't win y'all any popularity contests.

3. Suing you lot for getting anybody evicted

Conversely, if something you did causes everyone to get evicted, y'all might exist much more than liable considering of bodily damages. If you're the reason your all tenants get thrown out, that's a real hardship you lot've put on your roommates and they can certainly sue you.

In nearly states, a landlord can toss you lot individually or kick everyone because of what yous did — it'south often up to them to make up one's mind. Simply if what you did was and then egregious that everyone lost the apartment, and your roommates didn't do anything wrong, expect a real lawsuit to come your way, as this has risen to a station above modest claims. This is a big claim, and not only about finances. Eviction can crusade job loss, a hit to your credit rating or even homelessness — yous would exist responsible for this.

If you've broken your charter, your landlord has every right to evict you and your roommates. Your roommates probably accept no legal recourse with the landlord, so they'd have no choice but to get to courtroom.

So if you've done something (or not washed something) that causes everyone removed from the apartment, go talk to your landlord, cop to what yous lonely did and enquire them very kindly and nicely non to take it out on your roommates. It's the correct thing to do and might go along y'all out of court.

Don't forget that these are all potential reasons to sue your roommate if you're the one being stiffed for unpaid rent.

A notation about subletting

Go on in heed, everything above concerns an equal roommate, or legally a "cotenant," who has signed the charter. If you're subletting to a roommate, that complicates each state of affairs, depending on the agreement you have with your subletter.

If you don't have an understanding with them, you're most probable out of luck. And if you have a subletter and your lease states you can't have one, you're definitely out of luck.

Please annotation, laws and regulations differ from state to state, municipality to municipality. This is a generalized discussion. Be sure to cheque your local laws and statutes for details.

What to do if your roommate sues you lot

Whether you are looking for reasons to sue your roommate or they file a suit confronting you, the process can be catchy. Here are steps to have if you face legal activeness:

• You will receive discover of the adjust in writing, and so read through all the legal paperwork so y'all understand exactly what your roommate is accusing you of
• If you're being sued in pocket-size claims court because you did indeed stop paying hire, the easiest way to resolve the dispute is to pay your roommate in full or negotiate a settlement.
• Consider trying to calmly talk things through face-to-face up, or working with a trained mediator to discover a compromise you lot can both live with.
• If you lot feel your roommate is wrongfully suing you and alleging you are in alienation of your lease when yous are non, you might desire to consult an attorney.

Avoiding having reasons to sue your roommate

Of course, the all-time way to avoid legal issues with a roommate is to respect the lease and other agreements from the commencement. But if things become heated, knowing your rights and recourse will help you navigate the situation.

The information contained in this commodity is for educational purposes only and does not, and is non intended to, found legal or financial advice. Readers are encouraged to seek professional legal or financial advice as they may deem it necessary.

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Source: https://www.rent.com/blog/instances-where-roommate-can-sue-you/#:~:text=If%20you're%20not%20paying,claims%20court%20for%20your%20portion.&text=If%20you%20don't%20pay,%2C%20you're%20in%20court.

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