If I moved out of a house andmy roommate continued to live there, if a civil suit was filed against me can I take them to court to pay?

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If I moved out of a house andmy roommate continued to live there, if a civil suit was filed against me can I take them to court to pay?

Asked on October 5, 2011 under Real Estate Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately I simply cannot answer your question as written in that the important facts for your question simply are not set forth.

In an attempt to answer your question the way I understand it is that you and your roommate rent a house. If you move out and the landlord sues you for unpaid rent for the house, can you sue your roommate over the lawsuit by your landlord (cross complaint)?

Answer: Possibly.

Whether or not you have a basis to be sued by your landlord depends upon whether or not your lease is at an end and you give proper notice of termination of your lease to your landlord. If so, then the landlord has no basis legally to sue you for unpaid rent since your lease with him ended.

However, if you vacate the rental where there is still a term remaining on the lease and your roommate agrees to remain as a tenant under an agreement that he or she will be responsible for the rent from now on, but does not pay resulting in a lawsuit against you, you have a basis for a lawsuit against your former roommate to cover whatever amount you might be held obligated upon to the former landlord.

Good luck.


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