If my roommate moves out with time still left on our lease, should I stay and sue for his par, or transfer to a 1BR and sue for the difference in cost?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If my roommate moves out with time still left on our lease, should I stay and sue for his par, or transfer to a 1BR and sue for the difference in cost?

My roommate is moving out with 5 months left on our lease. Our apartment will allow me to transfer to a 1 bedroom apartment for a fee, or I can stay in the 2 bedroom unit. I can’t afford to pay the 2 bedroom rent on my own, and don’t have any prospective roommates to replace him. Should I stay in the 2 bedroom unit and sue him for the remainder that he’s responsible for, or transfer to a 1 bedroom and sue him for the difference that it will cost me paying a 1bedroom rent vs. splitting the 2 bedroom?

Asked on June 20, 2012 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could legally do either. It's probably better to move to the 1BR; the reason is, if your remain in the 2BR, the landlord could seek the full rent from you. Since it's not certain you'll recover money from your roommate (e.g. if he doesn't have any, or becomes difficult to locate), and, in any event, suing your roommate will take time (months or years), it is better to reduce the amount your are obligated for in the meantime.


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 lock Secured with SHA-256 Encryption