Legal Question in Landlord & Tenant Law in Kentucky
Do I owe this money?
I moved out of the property. My former roommate stayed. I was not taken off lease. Am now being sued. Rent was caught up before I moved. There was a verbal agreement that I move out. I told this to the secretary when I moved out and to the landlord. I havn't talked with the roommate since I moved. I dont think I owe any money. What do I do?
1 Answer from Attorneys
Re: Do I owe this money?
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.
Generally speaking,a written agreement, such as your lease, cannot be modified by an oral (verbal)agreement. Kentucky has a law, known as The Statute of Frauds, which requires most agreements relating to real estate to be in writing.
The landlord is legally justified in holding you personally responsible for any or all of the unpaid rent (to the end of your lease period), regardless of the fact that you have moved our, or that you and your former roommate have agreed otherwise.
There is a slight possibility that you might sue your former roommate for partial reimbursement of any extra rent you will be required to pay, but an attorney should review your lease for you, and provide more specific advice.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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