If my roommate moved out of our rental house without any notice and after only 1 month of our 12 month lease, can I sue him for his share of the rent?

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If my roommate moved out of our rental house without any notice and after only 1 month of our 12 month lease, can I sue him for his share of the rent?

Asked on November 1, 2015 under Real Estate Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your departing roommate won't cover the rent until a substitute tenant is found, then if they remain locally and have a job, you can sue them in small claims court and get a judgement for unpaid rent, any damage to the rental unit, unpaid utilities and your costs to find a replacement roommate (advertising, etc.). If your ex-roommate still doesn't pay up, you can collect on the judgment from their attaching thier bank account or garnishing their wages.
If your roommate has moved out-of-state, you may want to just forget suing, since trying to track them down, sue him and then collect on the judgment is likely to be more trouble than it's worth.


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