Legal Question in Landlord & Tenant Law in Florida

I have a roommate that got into illegal actions, gathered his stuff and bounced, and doesn't wanna sign his name off the lease. Not stating, but hinting at the ability to come reak havoc whenever he chooses. However the apartments will do nothing to remove him from the lease. They say just hope for the best and take him to small claims court for half the rent for the entire time since he was responsible for that entire year of the lease. (1) Would the courts really award me the full year's amount for half the rent? and (2) if i decided to let the lease go into eviction just to move on without his name attached, would I be able to get that eviction off my record?


Asked on 11/01/10, 7:01 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

1) yes, the courts should enforce the lease and if you are both responsible for the lease payment, he would have to prove why he should not be charged for 1/2. You had the responsibility to pay all of the rent. So did he. If either of you were to not pay their share, it's up to the other tenant, not the landlord to sort it out. So, go to court, sue for 1/2 of the rent that he failed to pay, be prepared to prove that you paid the full amount, and that he was liable under the lease.

This action is usually enough to get recalcitrant room mates to either pay up or take their names off the lease and forget wreaking havoc on your life.

2) don't let the lease go into default, remember you are both responsible for 100% of the lease amount, just take him to court.

If you need more information, you can contact me via this web site.

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Answered on 11/06/10, 8:36 am


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