Comments on: What If One Roommate Defaults On The Apartment Lease?

By: currious about calculations

currious about calculations — Mon, 21 Sep 2009 07:28:14 +0000

The only way to get her to pay is to sue in small claims court. You all will be liable for her portion in the event that she does not pay. Once you pay her share, then you can sue her is small claims for breach of contract. You can also have her evicted for the same reasons. If she has indeed moved out of the apartment, then rent her room to someone else. Just sue her later for her portion. Also, as a caution, I hope she is 18 or older. Because minors cannot sign a contract or be held liable if they do.

By: Rabbit

Rabbit — Mon, 21 Sep 2009 01:12:41 +0000

Wonderful thing partnerships, the partners are responsible for the debt even if one defaults. Usually it is either the first one to sign or the last one to leave that gets the biggest hassle.

By: golferwh

golferwh — Sun, 20 Sep 2009 19:03:59 +0000

take her to small claims court

By: jwardle0

jwardle0 — Sun, 20 Sep 2009 12:16:40 +0000

In most apartment leases there is a clause that takes into account the fact that a roommate might default on the lease. In most cases the lease states that the other roommates will be responsible for the entire amount of monthly rent. I would suggest contacting her and reminding her that she is still responsible due to the contract that they signed between each other. If she still refuses to pay her share you have to do a little cost benefit analysis. Fist off the cost of litigation in this case would most likely out weight the amount of money that you would be awarded if you won making it not worth it for the monetary fact alone, not to mention the amount of time that you will have to invest taking this to court.
Additionally, in small claims court you are responsible for collecting money from the losing litigant. In small claims cases the court states who wins and who is entitled to the money, but you’ll have to collect it from the roommate. Most likely she is not aware of this though so I would suggest pressuring her based off of the additional contract that they signed between themselves and hope that will be enough to persuade her to pay. Good luck.