Legal Question in Landlord & Tenant Law in Virginia

Old roomate threatening to go to court

I signed a 1 year lease in 2003 and moved out of the apartment 3 months later because the roomate was a nightmare, had problems paying rent and verbally agreed that me moving out would be best. Since then, the roomate has paid rent every month and the lease is now over. The roomate is threatening to take me to court to have me pay ''my half'' for the 9 remaining months even though the lease is over. The roomate decided to get another roomate a couple of months ago. The lease is now up. Does the roomate have a valid case and isn't it too late for the roomate to do this?

I notified the landlord that I would be moving out at no objection from him. He stated that I would be responsible if rent was not paid which was fine by me and this no longer applies.


Asked on 4/20/04, 11:25 am

1 Answer from Attorneys

Brian Miller Brian M. Miller, Attorney at Law

Re: Old roomate threatening to go to court

Your former roommate probably does not have a claim.

His agreement to allow you to move would likely consitute a waiver of

any claim for reimbursement. Was there anything in

writing (agreement, letters, evidence of your agreement to move out)?

However it is not too late too sue you as the statute of limitations

on a written contract is 5 years from the date of breach and 3 years on oral contracts.

If he does sue you, I recommend you consult with a lawyer.

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Answered on 4/20/04, 11:39 am


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