Roommate ran out on lease and now we have to break it, can we put the fees on her?

Question

She left the apartment without notice and we can't afford the apartment without her. My husband, myself, and her all signed the lease. Subleasing isn't allowed. We have to break the lease, which totals about $3000. Are we able to hold her accountable for the fees associated with breaking the lease?

Answer 1

The clause prohibiting subleasing is to keep you from getting someone in there that the manager doesn't approve of.  Ask your manager if you can replace the deadbeat with a new person on the lease.  They will likely agree to it after putting your new roomie through a credit check.

Answer 2

You are each 100% responsible.  You should:

1. Find a new roommate.

2. Take her to small claims to recover the 1/3 you paid for her while you were looking for a new roommate.

Answer 3

Yes; you are all liable for the rent and fees associated with breaking the lease equally ....

I would suggest talking to the Landlord and telling them the facts .  They probably would rather allow you to get another roommate than vacate the premises as it would cost them more in the long run ....

Answer 4

You would be better off trying to locate another room mate Even of you can not Sublet can't you have a room mate to pay you part the rent??

Have you in fact talked to the landlord and asked their thoughts either on a new roommate or in that person leaving and what you can do to work it out with them.

If you have to pay extra for any months until you get the roommate take her to small claims court for that amount

if you break the lease YOU will end up paying and than having to take her to court to get that money back

Make sure to start keeping a record of all dates and keep all paperwork and get a copy of your credit report before this happens and again when you take her to court and it is added so that you have proof that it caused you harm regarding credit history and that you need your money back.

Answer 5

yes start watching Judge Judy. she deals with this issue alot.

Answer 6

You have to take her to small claims court but I think you will win (at least some fees and very possibly all).  You will have to find her to get her served for her to need to appear (if you don't know where she is you are out of luck), also even if you win a judgement it might be tough to enforce - depends on the laws where you are as to what your options to enforce it are.  Still, if you know where she is I would file against her, you have nothing to lose and maybe she'll pay you rather than go to court (or lose and then pay you, or you could garnish her wages if she has any, or something).

Answer 7

small claims court. the landlord will not make an effort to track her down, they will demand the money from you, and they wont care who u get it from/how u get it, as long as they are paid. its gonna be on u to take her to court, bring copies of the lease, any witness statements, call the local police and ask for their advice, maybe they can speak with the landlord and write up a statement. because breaking a lease is illegal i believe (its an official legal document, signed & bound). Do anything you can to make it 110% clear to the judge, ex roommate is at fault. Even ask neighbors who saw her moving out to write up something stating the womans name, the approx date, and what they saw. pay the landlord off since u have no choice, and if ur relationship is good enough ask him/her to be a witness for u at court. She can be held accountable.

Answer 8

You are all equally liable.  Whether you'll ever get her to pay is doubtful if she vanished.

Answer 9

At most you  would have to take her to small claims court.

Answer 10

Since all of you guys are on the lease, everyone needs to pay their part of the fees.  Good luck on finding her.

Answer 11

She would be responsible for a 1/3 share.

Answer 12

The landlord will get money from whoever they can, and then that party will have to take the other roomate to court,