Legal Question in Civil Litigation in Florida
Leasing agreements
We all three signed a lease... when 1 could not pay he took it upon himself to move out. Am I responsible for his portion of the rent even if we all are on the lease? Based on my lease it says that you can not abandon your room or leave without getting someone to sublet the room. I am confused what to pay my landlord on the first.
3 Answers from Attorneys
Re: Leasing agreements
If it is like most lease agreements, the 2 remaining tenants would need to come up with the money for the landlord if the one that left is not paying. You then have the ability to sue him for the portion that he failed to pay. Look closely at the written agreement. That would govern the issue.
Re: Leasing agreements
You and your other roomate are likely responsible for the full rent each month under the lease. READ the lease. Although you are responsible for the entire rent under the lease, you may be able to sue the abandoning roomate for his share but then again if he doesn't have the money your judgment might not be worth the effort, expense, or the paper it would be printed on.
Re: Leasing agreements
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It would be necessary for an attorney to review the full terms of the lease in order to provide any worthwhile answer. Generally, if one of the tenants vacates the premises, the remaining tenants are responsible to pay the rent in full and can then sue the one who left for his portion.
From the way you asked your question however, it is possible that this is a lease in a college community that puts unrelated roommates together in cooperation with a college or university. The rules might be different under such circumstances.
Scott R. Jay, Esq.
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