Legal Question in Real Estate Law in Florida
Roomate suing for term of lease fees
A friend and I signed a 12 month lease together. About 5 months before the lease was up, she moved in with her boyfriend and said she wasn't paying rent or utilities any longer since she wouldn't be staying there. I could not afford the rent by myself so I was forced to sign a termination of lease agreement (or else face eviction if I stayed there and couldn't pay the rent). An attorney for the apt complex contacted me in regards to the balance owed at which time I told them I didn't have the money to pay. In the meantime, they were able to contact my former roomate and she agreed to pay them the whole amount. Now she is taking me to small claims court to collect half of the fees which she paid. She never tried to contact me before doing this and now wants me to pay her. Will I be made to pay her half of the money by the judge? Please help.
2 Answers from Attorneys
Re: Roomate suing for term of lease fees
yes they will.
Re: Roomate suing for term of lease fees
No one can predict what a judge may do, but I do not think that your former roommate will be rewarded for causing you to breach the lease agreement. Additionally, I thought you said there was a lease termination agreement signed. Why was anything paid? If I were you I would file a counterclaim for indemnification and breach of the contract as a third party beneficiary against your former roommate for the cost of moving, any additional expenses you incurred as a result of her moving out, and any increased rent you are paying between the time you left and the time the lease was scheduled to expire. Good luck.
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