Legal Question in Real Estate Law in New Jersey

Renting question

I signed a year lease with a roomate

but have moved out a few months

early. I will be paying half of the rent

but don't think I should continue to

pay utilities if I am not living there,

can she sue me for them?


Asked on 3/02/09, 9:46 am

1 Answer from Attorneys

Tina Amodeo Law Office of Tina Nielsen Amodeo, LLC

Re: Renting question

Disclaimer: By reading this response you understand that I do not represent you and that unless you enter a formal retainer agreement with me, I do not represent you nor does it establish an attorney-client relationship between you and me. This answer is given to you for informational purposes only and you are advised to formally retain counsel rather than rely solely upon the information provided in this communication.

Answer: This really depends upon your agreement with your roommate and whether you and the roommate agreed that it was okay for you to move out. Your lease must require you and your roommate to pay the utilities. You are a party to that lease and between you and the landlord (not you and your roommate), you have agreed to pay the utilities. But, if you are not living there and are being honest enough to pay half the rent to the roommate, it would not be fair for the roommate to expect you to pay for utilities that you do not use. This would be your defense to a suit by the roommate to force you to pay the utilities. You need to discuss the matter with your roommate rather than wondering if she can sue you. It's not whether she can sue you (anybody can try to sue somebody for anything) but whether she will sue you.

Hope this helps.

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Answered on 3/03/09, 1:59 pm


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