Who is required to pay the rent?

UPDATED: Oct 1, 2022

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Who is required to pay the rent?

My roommate and I both signed a lease together for an apartment. I was
away for one day and he completely moved out with out giving me any
type of notice. He is now refusing to pay his portion of the rent. Is there
anything that can be done about that? Or am I to pay the full amount each

Asked on November 23, 2017 under Real Estate Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You will remain liable for the full amount of the rent. You can sue your roommate for breach of contract (breach of the lease).  Your roommate remains liable for his portion of the rent until you find another roommate to replace him.  You will need to mitigate (minimize) damages by seeking another roommate.  If you just allow the lease to continue without seeking another roommate for the duration of the lease, you have failed to mitigate damages and your damages (monetary compensation you are seeking in a lawsuit against your former roommate) will be reduced accordingly.

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