Roommate broke lease 3 mos early what to do? (apartment complex, landlord)

[Rainbow59]

3 of us signed a lease, each of our names are on it. 1 roommate decided to leave 3 mos. early. Should I pay his share with my other roommate and then try to collect in small claims court? Or should the apartment complex try to get his share since his name is on the lease?

[mellen]

I am not a lawyer, but I would suggest reading your lease. THey usually state pretty specifically what the penalties are for breaking a lease.

Otherwise, I would let the apt. complex deal with it. The whole point of having each person's name on the lease is that no one person is responsible for the whole amount, but rather that each inividual is responisble for their part. This gives the apt. complex the ability to go after the thrid roomate for the money...or at least in my past experiences that is how it worked. YOu can probably google this situation and get some good ideas of options though.

Good Luck!

[TriMT7]

It depends. Does the lease merely say that all three of you are responsible for coming up with "X" dollars per month rent, or does it specifically say, "Joe @ 1/3 of X, Sam @1/3 of X, and Bob @ 1/3 of X?"

If it's not broken down in the lease, then the entire amount is most likely due (again, you have to read your lease), and you should go to the courts. If it IS broken down, then the landlord has the responsibility to go after the roommate.