Can my roommate sue me for breaking a lease if I am evicted?

I was evicted for possession of marijuana paraphernalia. Besides a phone call, I never received an eviction notice. I even offered to buy out my lease to the property manager over the phone. She said, “You’re done, you broke your lease”. She then went on to tell me that I had to be out of the apartment 2 days later to avoid getting the police involved. My roommate is just as guilty for breaking the lease terms as she had a cat in her bedroom without paying a pet deposit. I have pictures of damage to my furniture but none of the cat inside the apartment.

Asked on December 13, 2011 under Real Estate Law, Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, your roommate can sue you for breaking the lease that you two share if both of you are evicted from the rental as a result of your alleged illegal drug use and possession. The issue is really what would be the roommate's damages if she is not held responsible for the balance of the lease and its payment?

If in fact the landlord is intent on evicting you and your roommate from the unit, I suggest that you try and obtain a signed written release from her stating that neither you or your roommate would be responsible for payment of any balance of time on the rental when you are not occupying the unit post eviction. I suggest that beforehand you consult with a landlord tenant attorney about the situation sooner rather than later.

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