What should I do if I was let out of a lease in writing 4 months ago but now I’m being threatened with a judgement for past due rent from my former roommates?

I had to sign a roommate release form and so did my other roommates. All but one signed it because we have lost contact with him and moved out without giving any notice. My roommates also brought on someone to the lease after I left, and then a month later the landlord let everyone break the lease without any fees or damages. However, now I get a letter from a collection agency that I am subject to a judgement if I do not settle this debt of roughly $2900 to my landlord. Our rent was only $1200 a month split three ways and we where all paid up with everything when I signed off.

Asked on August 15, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you do not have a written release dated and signed by your former landlord where you would no longer be responsible for the lease that you were in upon move out despite the fact that there still was time remaining on the presumed written lease, you have a legal problem.

The reason is that absent a full release for the balance of your lease in writing by your former landlord, you are deemed still obligated under the lease for its duration. That is why you are getting demands from a third party collection company. I suggest that you consult with a landlord tenant attorney as to what your legal recourse is and the best way to resolve the situation to your satisfaction.


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