If my roommate moves out with time still left on our lease, should I stay and sue for his par, or transfer to a 1BR and sue for the difference in cost?
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If my roommate moves out with time still left on our lease, should I stay and sue for his par, or transfer to a 1BR and sue for the difference in cost?
My roommate is moving out with 5 months left on our lease. Our apartment will allow me to transfer to a 1 bedroom apartment for a fee, or I can stay in the 2 bedroom unit. I can’t afford to pay the 2 bedroom rent on my own, and don’t have any prospective roommates to replace him. Should I stay in the 2 bedroom unit and sue him for the remainder that he’s responsible for, or transfer to a 1 bedroom and sue him for the difference that it will cost me paying a 1bedroom rent vs. splitting the 2 bedroom?
Asked on June 20, 2012 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could legally do either. It's probably better to move to the 1BR; the reason is, if your remain in the 2BR, the landlord could seek the full rent from you. Since it's not certain you'll recover money from your roommate (e.g. if he doesn't have any, or becomes difficult to locate), and, in any event, suing your roommate will take time (months or years), it is better to reduce the amount your are obligated for in the meantime.
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