If my roommate refuses to pay his share of the rent because he moved out, what should I do to make him pay?

UPDATED: Feb 23, 2012

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If my roommate refuses to pay his share of the rent because he moved out, what should I do to make him pay?

My roommate and I moved into a 2 bedroom apartment and signed a lease for 6 months. Just after he decided to move to live with his wife but I told him he couldn’t because he’s still on the lease with me and all I want him to do is to pay his rent each month. I talked with the landlord but since we are both on the contract he cannot really do anything. He is telling me that I will be evicted if nothing is done. How can I make my roommate pay and can I sue him due to the fact that it will effect my credit report?

Asked on February 23, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since your roommate signed a contract for six months to reside in the rental that you have written about, he is responsible for his share. If you do not want to be evicted, you need to pay the full amount of the monthly rent. You are entitled to sue your roommate for his share that you pay, most likely in small claims court.

In the interim, I would place an ad to rent out your roommate's portion of the rental as a means of mitigating your out of pocket damages due to the roommate's failure to make the payments he agreed to do.


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