Law School Discussion

U be the judge!!!!!!!!!!!

U be the judge!!!!!!!!!!!
« on: May 22, 2005, 06:01:44 PM »
Roommate announced that he decided to move 2 months into a new lease b/c he wanted to live with his girlfriend. He left and stated that he would pay the rent, but not the utilities.

Upon this startling discoverey, I left the apartment and went to live w/ relatives, not paying rent for that month once I realized he was gone.

Apartment is suing for $6K for 3 months rent. Roommate is suing me for $3K, b/c he is alleging I broke the lease by leaving since he was still paying rent and his wages are being garnished.

I have made payment arrangements to pay $3K(for my half of the breach), but do not intend to pay roommate being that this dispute arose due to his actions. However, I feel my case is weakened b/c technically I ceased payment first and I'm a law student(perfect YOU SHOULD KNOW BETTER situation).

Am I likely to get off w/ paying 3K to the apt, or will the judge probably hit me with the entire 6K(w/ 3K to apt and 3K to roomamte)?

Re: U be the judge!!!!!!!!!!!
« Reply #1 on: May 22, 2005, 06:23:56 PM »
Is this a real situation or a hypo from a test?

You signed the lease, you're responsible for all 6K.  You could probably sue him for his 3.  Why would you not get a new tenant and make some money on the deal? 

Re: U be the judge!!!!!!!!!!!
« Reply #2 on: May 24, 2005, 04:20:24 PM »
The two of you are jointly and severally liable, which means the landlord can go after either of you for the full amount.  Call the landlord and offer to pay your half if he/she will let you sign a release to relieve you of further liability.  I have done this with my tenants before as an incentive to at least get part of my money.