Legal Question in Credit and Debt Law in Ohio
Last year my ex roommate stopped paying rent 4 months before our lease was up and didn't tell me now I am being sued for what she didn't pay. I have receipts of all my payments for half of the rent I payed each month. I know I shared a lease with her and I am also liable but is there anything I can do?
1 Answer from Attorneys
In Ohio, you could argue that the landlord had a duty to mitigate his damages by telling you that your roommate had stopped paying so that you could attempt to find a replacement tenant. Alternatively, you could argue that the landlord waived the right to collect all the rent by accepting partial rent (especially without telling you) and that your detrimental reliance upon his failure to tell you there was a problem forms a substitute for the normal element of consideration that is a part of every contract.
What happened with your security deposit? At the very least, this should be credited against what is owed. At the most your portion should be returned to you if the court finds you do not owe anything because the landlord should have let you know that the other tenant had stopped paying.
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