Can I take my roommate to small claims court if he moved out and is not paying rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I take my roommate to small claims court if he moved out and is not paying rent?
He is on the lease which end in 11 months.
Asked on April 15, 2012 under Real Estate Law, Hawaii
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your roommate signed a written lease with you for a rental which will end in 11 months and he moved out without securing a replacement roommate where you are on the hook for paying the full monthly rent to the landlord, you can bring an action against your former roommate for the portion you pay of his to the landlord in small claims court.
In the interim, I suggest that you try and get a new roommate to take the portion of the rental of your former roommate for the balance of the 11 months left on your lease in order to mitigate the damages that you will be paying with respect to the entire monthly rental.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.