If I had to sign my roommate off the lease because of a violence problem, can I still take her to court for the remainder of what she owes?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I had to sign my roommate off the lease because of a violence problem, can I still take her to court for the remainder of what she owes?

Asked on October 30, 2012 under Real Estate Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, no you can't go after your roommate if they have been involuntarily removed.  Once they are off the lease, their contractual obligation to that lease ends.   The second reason for the "no" answer is that a contract usually is an agreement between the tenant and the landlord.  The lease makes each tenant jointly liable for the rent.  The other tenant's duty is to pay the landlord, not you.  As such, the landlord could potentially sue if the lease was not properly broken because he is the recipient of the rent obligtion. 

The exception to this would be if your lease agreement was worded differently.  If the lease did create and agreement between you and the former roommate, then you could sue to invoke your rights per that contractual agreement.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption