Legal Question in Civil Litigation in Minnesota

Can I file a civil case against my roommate for not fulfilling the lease agreem

I and my roommate have rented a townhome for 1 year. We have both signed the lease agreement.

Yesterday he told me he is moving out - 3 months before the lease ends, and thus leaving me the only occupant responsible for the rent.

I won't consent to him just leaving like that.

Can I take him to court for not fulfilling his part of the lease agreement?

Can I file a civil lawsuit and make him pay his due portion of the rent? On what grounds, if possible, and where can I find the law?

Thank you!


Asked on 1/26/04, 2:21 pm

1 Answer from Attorneys
Vincent W. King Vincent W. King, PA

Re: Can I file a civil case against my roommate for not fulfilling the lease ag

The legal theory here would probably be one for "contribution". Where two people are jointly liable on a debt and one pays more than his/her fair share to satisfy the debt, the one paying the extra $ has a contribution claim against the slacker.

I would guess this would be filed in small claims (conciliation) court, but you might have to file it in housing court. If this is Hennepin County, here is a link to the housing court website: http://www.courts.state.mn.us/districts/fourth/Housing/hcmain.htm

and here is a link to the Conciliation Court website: http://www.courts.state.mn.us/districts/fourth/ConcCt/ccmain.htm

If it's another county, just type in http://www.co.[name of county].mn.us and from the county's website you can usually get contact info for their conciliation court and their housing court, if they have one.

Standard disclaimer: The above is given based on limited facts and information presented. Conclusions may differ significantly based on different facts. We do not have an attorney-client relationship.

That said, good luck to you.

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Answered on 1/26/04, 3:08 pm


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