What to do if my roommate was asked to leave and after 31 days he finally did but refused to pay his portion of the bills and the prorated rent he was liable for?

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What to do if my roommate was asked to leave and after 31 days he finally did but refused to pay his portion of the bills and the prorated rent he was liable for?

He lived here for 8+ months and a hassle since day 1. Walked around public parts of house in only underwear after being asked many times not to, paid rent, utilities, etc, late, underpaid on occasion, was loud and disrespectful after being asked to be quiet many times. When given 30 day notice made a fuss and said neither landlord nor I could kick him out. Then 31 days later he moved out, when turning in his key he stated, “I didn’t sign a contract so i dont have to pay anything and you cant do anything about it” whats needed for small claims and any chance of me losing? He only has words, no proof.

Asked on June 12, 2012 under Real Estate Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If no contract was signed with you or other roommates or with the landlord, then one two scenarios is possible.  The first scenario is if you all signed with the landlord (except for him), then theoretically he was your subtenant and you would have to sue him for his portion of monies owed. You show what he owes by showing what he paid for while there (late or not) and what each of the other roommates paid for or are paying for. If none of you has signed with the landlord, you are all tenants at will and you can see if the landlord would be willing to sue him for monies owed. The risk here is the landlord can put the monies owed on each of you and you would need to seek contribution from the one who left. Review the matter and see what would be more likely to occur, you suing or the landlord suing.


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