Roommate moved out, never signed lease what now? (lawyer, house)

[mdn57]

Okay so me amd my other roommated signed a lease for a 3 bedroom house from August to July. Rent is $850 a month. I had a buddy who's lease ended in December so he would move in, in january. Well my best friend called me at the middle of August and said he was coming back to school, asked if he could move in. Of course I said yes just let me tell the other guy( the one moving in in january) that I found someone to move in. I called my landlord also my boss which is a lawyer and told him that I found a 3rd roommate. Asked him did I need to bring him by to sign lease, he said no man if he is your friend you dont have to get him to sign it,just as long as you trust him. That was the first mistake. Well in the middle of february I come home one day and all his stuff is gone. I called and asked what the deal was he said no hard feelings we just cant live togethe. I called my landlord and told him the deal, he said since he never signed the lease thete is nothing he could do, but I could yake him to small claims court. Yesterday I called the guy and told him bills were due for the month of february and since he lived here most of the month he needed to pay. He said he was not going to pay the bills or the rest of the rent, that he never signed anything and there was never an agreement to his length of stay. Yes he never signed the lease but there was an agreement between us for him to stay the full 12 months. My question is where do I go from here?

[peppermint]

I'd take him to small claims court. Have all the receipts and bills together and file a complaint at the courthouse. I would guess (I don't know for sure) that in MS a tenant has to give a 30 day notice. He didn't give any notice so I would think he's responsible for his portion of the bills.

[mdn57]

I know he is responsible for his part of the bills but what about to rest of the rent, from march to july?

[peppermint]

Without a written lease or something he signed, you're expected to mitigate your damages. He might be held responsible for March's rent or partial rent in March since he didn't give you 30 days notice, but I believe that's all you can hold him responsible for. You can certainly try when you file your petition to the court, but I wouldn't hold my breath. It's a good reminder (for me as well) to put everything in writing. I'm really sorry you're going through this.

[Backintheville2]

He's not responsible for anything, except for part of March's rent and bills. Sad to say it is a lesson learned, and probably, a friend lost.

[mdn57]

Thanks guys for all your help, and yes lesson has been learned.