Legal Question in Landlord & Tenant Law in Georgia

Roommate not paying his fair share.

My roommate has decided to leave our apartment, therefore breaking the lease. He is listed as the head of household since I did not have a job at the time I moved in, so if he moves out I have to also. The penalty to move out is 797.67, which is one and a half months rent. Also he has had his girlfriend living there for the past 2 months and our water and power bill has increased signifigantly since she has been staying over there. All I wanted from him in the beginning was half of the penalty and for him to pay 2/3rds of the water and power, which would have been an extra $40. He says that he never agreed to it and that all he is going to pay is half. So i want to hit him with everything I can, what can I get out of him? since it is his fault that I have to move out can I take him to court and get the full panalty, plus make him pay 2/3'rds of the utilities AND 2/3'rds of the last months rent(I will be living there the month of July by myself though). Are there laws about who has to pay when a girlfriend or a boyfriend basically moves in? Thanks in advance.


Asked on 6/23/06, 6:59 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Roommate not paying his fair share.

If I read this correctly, your dispute is over a fraction of utility bills (maybe $15 for that extra 1/6th) and maybe a fraction of the termination fee. The filing fee for small claims is around $75, then if you win you have to collect. It would be silly to turn this into a legal battle. Apparently he is willing to pay half of the bill and fee, but what happens when you push for that extra $15 and he just gets angry and refuses to pay anything? You end up paying it all, or risking your credit, then spending time and money chasing him down. Not worth it. As for the girlfriend, the time to complain was when she moved in and, thankfully, the legislature does not spend its time on laws about girlfriends living in an apartment. You do not even tell us whether or not you are on the lease, but if you are, your main concern is paying that fee and not letting it go to collections. This is one of those times when "fair" takes a back seat to "take this as a lesson and move on without further harm." As for his "fault" you have to move, you chose to live with a roomate and both of you live with each other's decision. That is part of the bargain. "Fair" or not fair, things like this a part of roommate and apartment living. The biggest priority is to get $$ in hand and take care of those bills. If you turn it into a battle and credit or a reference from the apartment (for your next apartment) are harmed, you will end up regretting it.

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Answered on 6/23/06, 7:35 am


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