Legal Question in Real Estate Law in Tennessee

My roomate and I signed a lease together on an apartment, and now she is moving out March 30th, leaving 6 months left on the lease. I can't pay it all by myself and the leasing office said we are both responsible. Her name is signed for 12 months ending September 30, 2011, is there any way I can take legal action to make her pay the money owed to either finish the lease or terminate the contract?


Asked on 3/23/11, 3:21 pm

1 Answer from Attorneys

Caitlin Moon C2Law

Based solely on the information you provide in your question, I offer the following:

The landlord *probably* has the legal right to seek full payment from one or both of you, if you both are lessee parties to the lease agreement (but this does depend entirely on the language of your lease agreement).

It may be possible for you to take action against your roommate in General Sessions Civil Court for the county in which the property is located - but be aware that there are costs associated with such an action (probably in excess of $200 to file and have the civil warrant served on your roommate). And if the court finds that your roommate is obligated to pay some share of the remaining rent and enters a judgment in your favor, you then have to collect the judgment. If your roommate doesn't voluntarily pay the judgment, should you receive one, then you'll have to "chase" the money - e.g., you'll have to learn how to collect a judgment and then take the necessary actions, either by garnishing the roommate's paycheck or bank accounts through the court, etc. Getting a judgment can be easy. Collecting it can be very difficult.

Further, if the terms of your lease state that both of you are individually liable for the full amount of the rent, the court may determine that you're not entitled to collect from your roommate. Without seeing the lease and having additional information, it's impossible for me to predict how a court would rule in your situation.

If the amount in question is significant, then you should pay a local attorney for an hour of his/her time and get a thorough opinion on what your options are and how likely you would be to succeed if you filed an action in General Sessions Court.

Best of luck in resolving your situation,

Caitlin Moon

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Answered on 3/23/11, 4:51 pm


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