Lease / Rental Agreement – When A Roommate Moves Out – Part II

When a co-tenant breaches a lease or rental agreement, leaving before time, the remaining co-tenants need to ensure they are not held legally responsible for his / her action by their landlord. And, no doubt, a roommate who leaves right in the middle of a lease, or without giving proper notice, if you have a month-to-month tenancy, it makes you responsible for paying the entire rent. No doubt, this will result in a souring of the relationship, and the last thing you could wish for is your errant roommate to reappear, somewhere down the road, wanting to move back in.

To avoid such unpleasant surprises, see if your former co-tenant will sign an agreement that unequivocally states, a departing tenant:

1. Is responsible for paying a stipulated amount for rent and utilities. In case, there is a written rental agreement, it means rent and utilities for 30-days from the date notice was given or your co-tenant left failing to do so, unless of course, a suitable replacement has been found already to cover the departing tenant’s share. However, if you have signed a lease instead, the amount owed depends on when a new co-tenant, acceptable to the landlord, moves in. If, no suitable replacement is found, then the departing tenant is responsible for paying rent for the balance of the lease.
2. He / she is also responsible for and has to pay for any damage caused to the rental unit.
3. He / she is responsible for and has to pay the rent and damage charges, no later than the stipulated date.
4. As well, he /she agrees moving out cancels his / her status as a co-tenant.

However, if things cannot be worked out, and your ex-roommate shows a mean streak, refusing to pay and leaving town, then the best solution is to simply grit your teeth and pay his / her share. Trying to track him / her down to sue will prove terribly expensive, and likely be more trouble than it’s worth.

If, on the other hand, your ex-roommate has moved elsewhere in town, you can sue him / her in a small claims court for unpaid rent, including any damage to the rental unit, or his / her share of unpaid utilities, as well, any costs incurred in finding a replacement co-tenant, such as, rental advertisements. If, even after winning in court, your ex-roommate still refuses to cough up his / her dues, whatever is owed can be collected from his / her bank account or wages.