Legal Question in Real Estate Law in Massachusetts
Roommate Breaking Lease
My roomate recently left me a note stating she was moving out & does not intend to pay the rest of her required rent. We signed a joint lease in March 2002. In the lese there is a Seperability Clause stating '' In any provision of this lease or portion of such provision or the application thereof to any person or circumstance is held invalid, the remainder of the lese (or the remainder of such povisions) and the applcation thereof to other persons of circumstances shall not be affected thereby.'' Does that clause mean I am or I am not responsible for her half of the rent if she up and leaves?
1 Answer from Attorneys
Re: Roommate Breaking Lease
The clause you reference is not applicable to these facts. This clause is applicable if a court finds one part of the contract to be legally invalid it does not mean the whole contract will be held invalid. If you both signed the lease, generally, you are both jointly liable for the rent. The landlord can collect the full rent from either person. In most cases, the landlord will seek to collect the full rent from the remaining roomate. If you fail to pay, the landlord could file an eviction action for non-payment of rent. You can then file a case in Small Claims court to collect the portion your former roomate should have paid. Your other option is to ask your landlord for permission to substitute a new roomate for your former roomate. You need to check the lease to see if it allows for sub-letting or assigning a portion of the lease.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
