What to do if my roommate has moved and an won’t pay the rest of her share of the rent?

UPDATED: Nov 8, 2011

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What to do if my roommate has moved and an won’t pay the rest of her share of the rent?

Due to roommate conflicts, my roommate has decided to move out. We are in a 7 month lease together with 4 months remaining. She refuses to pay her half of the rent because she says she doesn’t live there anymore but she is still on the lease and is still responsible for her half. I have told her if she doesn’t pay we will get evicted. She is fine with having an eviction on her record; I am not. I told her once I find a suitable replacement roommate I will sign her off the lease but until then she will remain on the lease for financial reasons. How do I handle this situation without getting evicted? Should I pay the her half and take her to small claims court?

Asked on November 8, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your former roommate is on the lease for the balance of the written term and refuses to pay her share, you have the following options:

1. pay her share in the interim so you are not evicted and then sue her for what you paid on her behalf in small claims court.

2. look for a replacement roommate to help pay her share.

I would write her about the options above keeping a copy for future need and see what transpires. Good luck.

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