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?
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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 11 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.
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