Legal Question in Landlord & Tenant Law in Louisiana
Hi. Im an international student and I'm renting an apartment with a roommate. The problem I have right now is that I'm the only one on the lease and I've been telling my roommate to get on the lease but he is always telling me that he is working on it. Now that the semester is almost over I fear that he is not going to pay this month rent and and actually leave me alone with this apartment. If that happens could I sue him for braking the verbal agreement we had? He has paid half of the rent since we got the apartment, is that enough evidence?
2 Answers from Attorneys
Oral contracts are valid in Louisiana. The only problem you have is the problem you have already pointed out--proving the existence of the agreement. It sounds as if you have sufficient evidence to prove that he owes you for 1/2 of the rent, but nobody can tell you that for certain except the judge that tries the case.
You should know that, since he is not on your lease, you will still be responsible to the landlord for 100% of the rent even if your roommate fails to pay his share. You can sue for reimbursement, but you are responsible to the landlord.
All you have to prove is that he lived there. That is between you and he but you are the only one responsible to the landlord. So you have to pay all of the rent and sue him for what he owes if he stiffs you.
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