Legal Question in Real Estate Law in Florida

lease termination

my room-mate and i terminated our lease early as her boyfriend moved in. i paid all monies i owed to the landlord for my half of the lease termination fee. my roommate has not paid hers and now the landlord is putting our names in the hands of a collection agency. is there anything i can do as i have paid up.


Asked on 10/26/01, 10:18 pm

1 Answer from Attorneys

Robert Restivo Restivo Law Firm

Re: lease termination

Howdy:

Unfortunately, there is probably not much you can do. Typically, each person who signs a lease is responsbible for the lease, regardless of what the other person does. This is known as "joint and several liability" Joint is both of you; several is just you.

Even though you've made the landlord whole for your half of the obligation, he is still out the other half. And, he will probably pursue each of you for the other half, even though it's really her debt.

When you get a letter from a collection agency, write a response disputing the debt. If you are in contact with your old roommate, try to get her to pay up.

You can always pay the landlord the other half, and then sue your old roommate in small claims court, but it might not be worth it.

More specifics require more information, like the amount owning, your financial situation, whether you still like your old roommate, etc.

Hope this helped.

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Answered on 11/25/01, 1:16 am


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