Can my roommate break our lease?
Question Details:
My roommate and I have been roommates for almost 3 months. My roommate is now trying to leave to go live with her boyfriend and break the lease. She hasn't said one word to me about her leaving but she is packing all her stuff up and slowly moving it out. What are my options?
Any agreement can be broken, and as the participant to an agreement, you have a right to enforce it and sue for damages. You also have an obligation to minimize damages, by trying to get another room mate.
A lease is a contract and may be enforced as such. If you breach a lease before the term is up, the landlord may sue for monetary damages, which are generally the balance of the rent money for the remainder of the term of the lease, plus, late fees, interest, and court costs. If you have a provision in the lease that permits you to obtain attorney's fees as well, you may include those costs as well if you hire a lawyer. In this case, I suggest that you find out where this person is moving and then have her served with a lawsuit. Hire a lawyer to seek the balance of the rent and all other damages permitted under the lease. You do not want to hesitate. I suggest that you provide a warning letter to her first advising her what you plan to do. Put it in writing so she is on notice that he failure to pay rent will be a breach of the lease and you will sue her for damages. I would also notify the police of the boyfriend's threat as that is criminal conduct at the least.
