I want take my exroommate to court for moving out & leavin me to pay the lease, do i need a lawyer?
544022
If the amount in dispute is relatively small, you can also check out Small Claims courts (sometimes called Municipal courts in some states).\n\nGenerally, neither party has an attorney, and the court listens to both sides and looks at available evidence, before reaching a reasonable conclusion. It's a much less expensive and must less time-consuming way to resolve simple disputes.\n\nBut if the issues are complex, competent legal advice from a licensed attorney is always a good idea.
699481
She seems to want you out because she already has another renter ready to take your place.  \nUsually you get minimum 30 days, she can't make you get out before that.  Nov 9, you get at least to the Dec 9th\n\nShe can't keep the money for that reason, those money were for the following:\nAny charge specified in the apartment lease agreement or any charge resulting from your breaking the lease.  You didn't break the lease, she kicked you out.\n\nCharges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. "Normal wear and tear" items cannot be deducted.   Did you!\n\n\nUnpaid rent and other unpaid charges listed in your apartment lease, such as those for late rent payment, returned checks, missing furniture or fixtures, keys you don't return to the apartment manager, etc.\n\n\nThe reasonable cost of cleaning if you fail to properly clean your apartment before you leave. Many rental properties have written cleaning instructions for you to follow.\n \nIf not, you still have a leg to stand on, and depending on your contract with them, you can still negotiate until the end of Dec.  \n\nIf she has someone already lined up to take your place, that can be good for you.  You can use it to get extra money from her, because if you don't leave by that time, she will lose her new tenant.  Check the laws in your area, before you do anything, but it seems the ball is in your court.\n\nYou are not giving enough infor, to give you a fair answer, hope that help with the little infos in your question.\n\nOne more thing.  Before you give the keys up.  Take pictures of the whole place, and make sure you have the walk through with her, to make sure that she will not be able later on, to keep the money because of how you left the place.  Take picture.  As they say picture tells a thousand words.  protect yourself, so you can get your money back.\nGood Luck
459654
sorry, you take off and you signed a lease?  you owe.  unless something else is worked out, you or your cosigner may get away from paying for awhile, but if you are taken to court, you will lose.  you sign it, you own it.
982005
I agree with Tom T.  I'm a landlord AND an attorney, and while you may not legally be forced to sign a new lease, as your landlord I would explain to you that you knew very well that you had to pay an additional pet fee, and you acknowledge that you should be paying that higher amount but for my assistant's honest error.\n\nTherefore, what I'd probably end up doing is looking for every opportunity to be a stickler on the rules.  If your cat/dog steps a paw out of line, if your party gets a bit too loud, etc.  If you want to slide through the cracks on your rent because "technically" you don't have to pay more, I'd be looking for every "technicality" to show you the pendulum can swing both ways.  It's just human nature.\n\nIt's just like an employer - while there are certainly things they can't legally fire you for, if an employer wants to get rid of you, they can usually find a legal way of doing it.\n\nThe bottom line is, you're not setting a very good precedent for a positive, constructive relationship with your landlord if you know you should be paying more but you're taking advantage of an honest error.  The mature, honest thing to do would be to sign the modified lease.  I'd let them know, however, that legally you don't have to, but you're trying to "do the right thing."  As a landlord, I'd then feel like I really needed to cut you some slack when other stuff happened (like your rent is a day or two late).\n*****************\nYou have not retained my services as an attorney, and I am not representing you in any manner.  Nothing I have written is to be construed as legal advice.  If you have questions about your legal issues, it is strongly recommended that you consult with an attorney who is admitted to practice in the state where you reside.
284867
NO WAY!!!!\nIt is your family and you should allow them to use you home.\n\nBut if they are staying for a long period of time then you might ask them to pay you for the bills and other things of such matter.\n\nBut if frequent item distruction occurrs or they are causing you extra for things, and you ask them to stop and these things still happen then you can kick them out.\nIf they refuse then take it to the court.
856445
She is responsible for the entire share of rent by the end of term of the lease. She can try to find a suitable replacement, but it would have to be with you and your other roommate's consent. She can't find some felon and expect you guys to be fine with that! Take her to court if she doesn't pay....nothing personal, it's just money.
739974
Yes...get an attorney!!!!
840254
You are right in saying that these people have a right to know the truth about this man but if it's his place than yes, he can evict you regardless of your lease or whether you pay ontime. It will help should you have to go to court over this but know that if it gets that far, as long as you can prove residency for at least thirty (30) days and you receive mail there, it will take 90 days for him to officially evict you. So you will have at least three months to find a new place. Only then will the cops come to your place and actually watch you move all your things and you leave the permisses. It can get terriably ugly so see if there isn't a way to smooth it over in the mean time. That is if you really want to stay there.
94670
Even if you are leaving it would be the "right" thing to do to fulfill your half of the rent, in some way you had an agreement be it either verbal or written. However if you are not interested in doing the right thing or being a good person then you have no legal responsibility unless you signed the lease. If your name isnt on it then dont sweat it. However, if you want to remain civil to the other person then you should do the right thing!
50396
you will need to look at the language on your lease, but most likely you have what is called a "joint and several" lease.  if you have both signed the lease, this means that BOTH of you are responsible for the total rent.  if ONE of you skips town, then the OTHER one of you is responsible for the full amount.  you can read more about joint and several here:\nhttp://ezinearticles.com/?Lease-Contracts---The-Meaning-of-Joint-and-Several&id=18975\n\nthis is why it's important to only co-sign on a lease with someone you trust to not screw you.\n\nanyway, the answer to your question depends on what you mean by "legally".  she will not be in violation of any criminal code if she moves out.  however, if she stops paying rent to the landlord, the landlord can hold YOU responsible for the unpaid rent.  and if you don't pay it, they have the right to evict you, since that is a hell of a lot easier than suing her for her share of the rent.  you could claim that you're not responsible, in court, but most certainly the court will find in the landlord's favor when he shows them your joint-and-several lease with your name on it.\n\nif this were to happen, then *you* could turn around and sue your ex-roommate in this situation, in small-claims court, for her share of the rent.  most likely you only have a verbal agreement.  a verbal agreement IS a legally binding contract, but they are difficult to enforce since she could argue that she never made any such agreement with you.  \n\nhowever a copy of the lease with her name and signature on it would certainly imply some level of commitment on her part.  it is not a solid case, but it is possible you could win in small claims court against her.  as always, winning a lawsuit does not necessarily mean you'll see the money.  she could refuse to cough it up, and then you'd have to go through the process of having her wages garnished, and all of this legal stuff costs a lot of money.\n\nthe best thing for everyone is almost always to resolve this without going down the legal route.  you might consider finding a new roommate yourself - that way you could choose who you want to live with.  this would be cutting her a break, but remember that you are in the dangerous position of being hung out to dry if she just bails out.\n\nfinding an amicable solution where nobody gets screwed or goes to court is definitely your best answer.  if you don't think it's right that you have to do the work of finding a roommate, but you don't want to just let her choose, then see if she will compensate you for the work involved in finding her replacement.  then you will either have the new roomate sign a sub-lease with her, or go to the landlord and draw up a new lease with the 2 of you on it.\n\ngood luck!
475820
No.\n\nTypically in most states (Florida included) this is governed by the lease.  However, before you're "evicted", the landlord generally has to sue you for "posession" of the property.  Most landlords, unless they really want you out, will accept full payment of rent and stop the eviction process.  If you do that before the court awards the landlord possession, you can probably avoid that step.\n\nGood luck.
547630
call a lawyer and see about getting emancipated
1097995
You have the right to leave the apartment, that's about it.  With no lease, if you piss the landlord off, he probably will just send you packing.
251010
Without an explicit (written) agreement, you can be evicted at her discretion.  Where she will have trouble, however, is that she needs to give you appropriate notice of her intention to do so (to enable you to make alternate arrangements).  So long as you are not in violation of any laws or explicit policies of hers, you should be entitled to a reasonable time before you actually have to vacate.  The law would most likely deem 30 days as reasonable and I believe you should ask her to give you at least that. You could certainly sue her for any monies she received from you for which she provided no services or goods.  You could also sue her for any harm that befalls you because she failed to give you reasonable notice (time to look for another place to live).  If you let her know that you intend to leave (and you should have decided to do so by now), but that you require 30 days (for which you will pay her if you have not done so), she should give it to you in exchange for your agreeing not to cause legal problems for her and her family.  If she refuses, contact the local law school or local Bar Association and ask for assistance in finding pro bono (free or mostly free) legal counsel.  Best of luck to you in this terrible situation.
1121871
You could:\n1. Pay the rent and hope they let you stay\n2. Spend the money on a lawyer and maybe get an extra month on a technicality. You will still owe them the rent and you will have spent it on the lawyer\n3. Move
1040622
you can always try going to court and talking you way out of it\n\nmy roomates done that a couple times before, it really works :)
304637
He cant prove it was you then.\nIf he sues he will have to sue all tenants at the time. Also if there was a deposit he can take the deposit but chances are the lawsuit will get thrown out of court.\n\nLook specifically in your contract to see if he retains any rights to file legal claims against you after the fact (some people have tricky contracts they write up) If not, then I wouldnt worry too much. Now im not a lawyer, nor do I play one on tv so this is solely my opinion.\n\nI would suggest telling him to shove it up his a**