Quote:
Originally posted by IowaStatePhiPsi
OK, here is the situation:
Roommate A is on the lease with me. Roommate B is not.
A & B and 1 of their friends found a house to move into for the fall, but the lease starts in April so they are moving out of our place before the lease expires at the end of July.
Roommate A, as he is on the lease, is legally obligated to pay some of rent. Roommate B is not on the lease, so is not legally obligated.
If I use my check-images showing that i have only paid 1/3 of rent the entire time to date that we have been in this place, could I succeed in small-claims to force both Roommate A and Roommate B to each supply 1/3 of rent until a subleaser is found for each?
|
Joel, you're probably in trouble for the '1/3' portion of the presentation - although roommate A will be legally on the hook for half right off the bat. There are a couple of issues, though -
1 - You have to make a 'good-faith' effort to find another roommate to fill the hole . . . start putting ads in the Daily right now, or hang signs etc. Keep careful notes/copies/receipts for all of this, too. Iowa law doesn't allow you to just sue the roomie - you have to make an attempt. I think the standard is 4-6 weeks, so we were always told 2 months just to be sure. Start now.
2 - If you feel like really fighting it, there is such a thing as an 'implied contract' by which you can try to show that the kid paid a third, just like the two on the lease, up to this point. In this way, if the kid is trying to jet on the "I'm not on the lease, so I'm not responsible" plan, it allows some leeway for a judge to decide that the kid knows his responsibilities. This will require a lawyer, for sure, and may not be financially viable. (If you need a cheap lawyer, hit me up and I'll ship you some info from the Drake legal clinic et al)
3 - It might be more cost-effective to just tell the guys what you plan to do, as far as collecting rent, and see if they don't magically decide to fill the holes on their own. It's a lot of work to sue them, unfortunately - even in small claims court - so I'd suggest getting them to do the work for you.