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I'm leasing a home with three other people. All four of us have signed the lease. Two of the tenants have decided to move out by the end of the month. They're on the lease for another four months. They are not planning on paying any of the bills owe for their last month, and they are not paying for those four months they have left on the lease. Can I, as a tenant, sue them for breach of contract? or what can I do???
I'm leasing a home with three other people. All four of us have signed the lease. Two of the tenants have decided to move out by the end of the month. They're on the lease for another four months. They are not planning on paying any of the bills owe for their last month, and they are not paying for those four months they have left on the lease. Can I, as a tenant, sue them for breach of contract? or what can I do???
I would if I were you. They are legally responsible for the apartment unless you two and those two sign them off on a roommate release which looks like you didn't.
You can make them pay for the rest of the time they are on the lease.. tell them if they want to move out.. by all means move out! but they still gotta pay for the next 4 months! As for the utilities they owe you.. not too sure about that,, I'm sure there is a way to get what is owed to you.. Small claims court.. if you don't make it onto Judge Judy.. $35 bucks and you have more room in the apt!!!! Good LUCK!!!
Where the utilities are concerned, do you have an agreement with them about paying their share and did they pay their share up until the time they told you they were leaving? Is all this documented (i.e. did whoever took on the responsibility for actually paying the utilities give them a receipt for that portion and keep a copy) or did you all pay the same amount to whoever was responsible for paying the rent which included a set amount over and above to cover utilities?
They are absolutely responsible for paying rent for the short duration of the remainder of the lease since they are all on the lease agreement. Have you spoken to the landlord to advise him/her what's going on. Have these other tenants asked you to release them from the lease?
Do you know why they are leaving? Is there any way they could prove (if you file suit against them) that you've made it impossible for them to live there (i.e. what's called a "constructive eviction"?) Have you sat down with them and asked them why they've decided not to pay for utilities they've already used?
On face value you absolutely have cause to sue them in Small Claims court for utilities already used and rent for the remainder of the lease and you should make them aware of this by sitting down with them and telling them and also having ready a letter to give them which states exactly that.
If all else fails and you end up having to file a claim against them, make sure you know how they can be contacted so they can be served. What you see on shows such as Judge Judy (and I confess I'm a big fan too!) is only the half of it. In such shows both parties agree to appear and are paid for their time and that, along with the proverbial 15 minutes of fame persuades even the biggest idiots to make fools of themselves in front of millions. In regular Small Claims courts you can win a judgement against someone by default if they don't appear but (a) they have to be served and (b) if they don't show up after being served, you won't get any adjudicated recovery if they can't be tracked down and the case can sit on the books for a very long time. It WILL go against them in the future but won't be of much financial help to you.
Sorry if this has been a bit long-winded but hope it helps a little. Cheers!
Everyone wants to jump out and sue first and talk later. Try to talk to the roomies and work something out. Might be a misunderstanding. Maybe try to sublet. Also talk to the LL and let them know whats going on so they don't come down on just you. Maybe the LL could offer suggestions.
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