What should I do if my roommate breaks the lease?

Unfortunately, if a roommate is not named on the lease agreement, you may not have a lot of options. In such a case, the named roommate will be responsible for the full rent owed to the landlord. What Should I Do If My Roommate Breaks the Lease?

How is a roommate agreement different from a lease agreement?

Do not confuse a Roommate Agreement with a Lease Agreement, as a one is a contract between only tenants and the other is a contract between a landlord and tenant (s). Many contingencies can be listed in a Roommate Agreement, such as house rules, but the only legally binding aspect is the financial arrangement listed in the agreement.

Do you have to sign a roommate agreement?

Any agreement between roommates is subordinated by the lease (or “master lease”) that is signed with the landlord. Whether or not a roommate agreement is enforceable will depend on jurisdiction; putting things in writing, and signing and dating in the presence of a witness can all lend credibility to an agreement.

Can a landlord sublet a room to a roommate?

This depends on how your roommate agreement is structured. Most commonly, there are one (1) or more persons that are on the lease for the residence with the landlord. In the lease, the landlord gives the tenant (s) the right to sublet the property so that separate agreements can be made with roommates.

What to do if your roommate breaks the lease?

Alternatively, you can ask the new tenant to pay your old roommate and then split the security deposit with her when it’s returned. If your roommate departs with very little notice, you may feel she should pay at least one more month of rent.

What are some of the most common roommate issues?

Dishes may be one of the most combative roommate issues, simply because they can be a) disgusting and b) easily attributed to one individual. You know what dishe s you did and didn’t use, so you know that the giant stack of plates sticky with syrup and moldy with mayonnaise is definitely not yours, and you are definitely not cleaning it.

What should I say if my roommate keeps leaving things in my room?

If your roommate just can’t avoid shedding sweatshirts, backpacks, CDs, and other items everywhere he or she goes, start out with simple statements: “I noticed you’re leaving a lot of things around the apartment. Sometimes I worry I might break or lose one of your things, so I wondered if we could agree to keep most of your things in your room.”

How much can I Sue my roommate for?

In most cases, the best avenue for filing a civil lawsuit against your roommate is the local small claims court. Feel free to sue for the amount you are owed up to your state limit for small claims, which ranges from $5,000 to $10,000.

What to do if your roommate is not on your lease?

Typically, all adult tenants living in an apartment must sign their own lease agreement. If you have a roommate living in your apartment who is not on the lease and is not approved to live there by the landlord or property manager, then you can try to give the roommate notice to leave yourself.

Who is responsible for paying rent if only one person is on lease?

If only one roommate is on the lease, and it’s not you, you are sub-letting from that person. He or she is legally responsible for the payment to the landlord. You are unlikely to have a legal obligation to pay the rent for another roommate.

How can I find a roommate to sublet my Room?

If your lease allows subletting, and your prior roommate breaks their lease and moves out of the apartment, then you can find a new roommate to sublet their room. If not, discuss your options regarding getting a new roommate with your landlord or property manager.

Can a roommate be kicked out of an apartment?

For instance, if your roommate damages the property, repeatedly neglects to pay their rent, or violates their lease one way or another, your roommate may stand to be evicted by the landlord or property manager. It depends on the violation, the lease agreement, apartment management, and your state and local laws regarding the subject.