Legal Question in Civil Litigation in Florida
Verbal Agreement to Pay Share of Rent & Deposit
Hello,
I and two ''friends'' agreed to rent a house together last month. Each of us was responsible for our share of the first/last month's rent and deposit ($1,500 each). The realtor suggested that only two of us sign the lease in order to improve our chances at approval for the house. The weekend we moved into the house, the ''friend'' that wasn't on the lease told us that he did not have his $1,500 share of the rent and deposit and does not intend to move into the house. This now places a financial burden on myself since I now have to pay an additional $1,500 to move in or pay even more to break the lease. To top it off we now have to look for a new roomate since we cannot afford the rent without the third person's share.
Can I sue for the $1,500 since I would not have signed the lease without his agreement?
1 Answer from Attorneys
Re: Verbal Agreement to Pay Share of Rent & Deposit
Yes, provided that the term of the lease was one year or less. (Longer-term agreements are only enforceable if they are made in writing.) This is a straightforward breach-of-contract case.
Your damages are not limited to the "friend"'s share of the down-payment. You can also sue for the additional rent you must pay while searching for a new roommate and for any reasonable costs you incur as part of the search, along with any other costs he should have been able to anticipate.
At the same time, you must actually make reasonable efforts to find a new roommate; if you don't, you may lose the part of your claim for rents that you probably would have received from a new roommate had you made a reasonable effort to get one.
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