Legal Question in Civil Litigation in Georgia
After staying with her girlfriend for 3 weeks straight, our roommate decided to move out from our apartment and did not inform us until the day she started moving things. She has not spoken to the management company and is refusing to pay rent for the remainder of the lease. She is threatening to have the power shut off on Friday since it is in her name. We have never not paid our utilities, nor are the reasons for her moving even valid. She states we partied too late at night and smoked (cigarettes) in the house, even after she asked us to stop. However, all the roommates will testify that she was the one partying late nights (and slamming doors, causing excessive noise, all while intoxicated) and she smoked cigarettes in the house, and told the others they could also. She never once requested anyone stop any behaviors. When she was physically moving her things, she gave us a totally different reason for moving (stating doctor's orders for her to move back home with her parents). She moved across town with some other females. Now, we are left not knowing what step to take next. The management has assured us they never received and email and do not intend to let her off the lease without our permission. What next?
This is a joint lease between 4 roommates in Georgia.
2 Answers from Attorneys
Most of your details are meaningless. Her reasons for moving do not matter. Four people are on a lease, and one moved out. This was the risk all of you accepted from the beginning. If the rent is not paid, obviously you know you will be evicted and your credit harmed. Either continue as a party of three, or find a fourth roommate and all of you and the landlord MAY agree to change the lease. You can try to sue her in small claims for the rent you had to pay on her behalf, but how much time are you going to spend on that and how are you going to collect from her? You may be better off accepting that this was a risk and moving on with or without a new roommate.
The obvious solution to utilities is to change the name on the account.
None of what you posted matters. It is always a very bad idea to have multiple roommates leasing.
Here is the legal issue. 4 people are on a lease. Each of you is jointly and severally liable. So the landlord can sue any of you if someone doesn't pay.
Depending on the written agreement the foour of you had a lawyer draft (you didn't miss that essential step, did you?) you might be able to sue the person who moved for some of the rent. The cost to you of a lawyer to do that will be far more than the rent so you'd have to do that as a small claim in Magistrate Court. You may or may not win or collect depending on that document and what agreement you can prove.
But bear in mind, if the three of you don't pay, it is your credit that gets ruined and you can be sued.
As to the power, that's simple. If she turns it off, you need to get new service.
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