Can I send my ex-roommate to small claims court for failing to pay rent before moving?

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Can I send my ex-roommate to small claims court for failing to pay rent before moving?

The account is now with collections and I cannot sign another lease while “we owe” a management company. She’ll be in Africa for 2 years and I’ll be homeless by then.

Asked on January 7, 2012 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your former roommate failed to pay rent and you ended up having to pay her share of the rent, then you have a basis for bringing an action against her in small claims court. If you pay the management company what is owed and part of the payment is for your former roomate's share, then you have a basis for going to small claims court.

If the landlord is still owed money for unpaid rent by your former roommate where both of you are responsible for the amount owed, unless you actually pay the amount as an advance for your roommate, you do not have a basis for taking her to small claims court.


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