Legal Question in Real Estate Law in Maryland
Am I responsible for her portion of the rent?
A friend and I signed a one year lease and mutually decided that it was too expensive for us. We both signed a letter and sent it to the landlord explaining our money troubles and inquiring about terminating the lease. She said that we would be responsible for the lease until another tennant was found. My roommate moved two months ago and has not paid rent. The landlord is taking her to court for the payment, but roommate told her that she left because my boyfriend ''lived'' here while she was here. This is not the reason that she signed to in the letter. He did spend about 3 nights a week here and I spent about 2 nights a week at his place where he holds his lease. Since she left he has been staying with me, but still paying rent at his apartment. In court the roommate plans to argue that she left because he was ''living'' here and has lived here since, so she is not responsible for the payment. What are my rights? Previous to this she said that if the landlord took her to court she was going to countersue for harassment. She is just trying to get out of paying her rent. What can I do????
1 Answer from Attorneys
Re: Am I responsible for her portion of the rent?
If you, your former roommate and the landlord signed the typical lease, it makes each of you as tenants liable for the entire monthly rent.
The landlord has the right to go after either or both of you to collect the full amount, although of course he can't collect in total more than the amount of the rent stated in the lease.
Your roommate can't get out of paying the rent to the landlord because of the fact your boyfriend moved in. You can't get out of paying the rent because the roommate moved out.
If he is able to collect it all from you, you
can pursue your ex-roommate for her share. However, in a suit between you and the roommate, known as an action for contribution, the roommate might be able to convince a judge that the presence of your boyfriend (if she had no reason to anticipate this at the time you signed the lease) infringed on her rights as a co-tenant and she shouldn't have to reimburse you. Your counter argument would be that the boyfriend stayed in your room and didn't otherwise interfere with her use of the common areas of the apartment.
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