Am I liable for rent if I moved out and 2 roomates are still living in the apartment?

Question

I moved out of my apartment last November because my best friend and my ex were bangin each other and I couldn't stand living there anymore. Now one of my roomates is trying to come after me now for rent money even though I haven't been living there for six months. The roomates already paid the full rent for the six months I left. My roomates never tried to even contact me for any money before they sent me the small claims summons. How can I defend myself in court in this case? I do not feel its right for me to pay the rent for not living there. Also, I live in Wisconsin, so is there any specific law that states that a tenant can move out at any time as long as there is still someone there to cover the rent? Please leave suggestions/advice...

I did sign a one year lease and my name is on it.

Answer 1

If they are only seeking payment from you just now, they shouldn't be able to do anything. If your name is on the lease, you are liable, even if you don't live there, so hopefully when you moved out, you took your name off of the lease. If you never had your name on a lease at all, then you have nothing to worry about.

Answer 2

your signing the lease makes you liable to the landlord, not to other co-tenants (unless there is a clause specifying that, which seems unlikely as the landlord's attorney likely drew up the lease, not theirs). If the landlord sues you under the lease because they've refused to pay the rent, you are stuck.

However, in the present circumstances, I suggest that your situation belongs in family court. Since the amount is fairly small, small claims court seems to be substituting.

You likely need to consult an attorney.

My take on it is that if the roommate(s) who are claiming the money are not your ex- and ex-best friend, you'll likely lose. As between your uninvolved roommate and you and your ex-, the uninvolved roommate is the most innocent and would likely recover from you your share of the rent that (s)he paid on your behalf to the landlord.

On the other hand, if the party making the claim isn't innocent [your ex- and/or ex-best friend], you may have a case. It'll likely take close arguing in court to win it -- which suggests an attorney.

Of course, after you get the attorney's estimate of how much it'll cost to defend you and the chances you'll win, you may just decide to pay. It might be much cheaper.

Answer 3

This is always a tricky question because most of the time when one or more people move in together, its financial anyway. If you are on the lease and you move out, I am pretty sure if the other two people can continue to pay the rent without you, you may be ok, however if they have difficulty because the rent was based on three and they can't make the payments either, then all three of you are eventually going to be taken to court by the realtor. When you guys put up your income as collateral, they realty allows all of you to have the apartment because the percentage they need is a combination of all of your incomes. When one person leaves, your other two roommates must agree not to inform the realty that you are gone and continue to pay the rent or find someone to replace you.

Answer 4

If your signature is on the lease agreement signed with the landlord, or on a sub-letting agreement, you're liable.

If your ex-'s paw-print was also on the lease or sub-let agreement, he's equally liable. If so, and if he stayed there after you left, their case against you could be weak.

If his wasn't, or if he didn't stay there after you left, they'd have to show what efforts they applied to have your area re-let, starting from the day you stated in your letter to whoever you had the lease/sub-let agreement with that you were moving out.

You did send such a letter, right?

Your issues with your ex- and ex-friend aren't your room-mates' problem, so would be unfair to cost them money. Depending on how much money's potentially involved I'd seek advice from a lawyer. If it's just a few hundred $ and you didn't send a letter to whoever you'd signed an agreement with, it might be cheaper and easier just to cut your losses and pay up. Then, if your ex- stayed behind, you could try suing him.

Answer 5

Since you signed the lease, you are fully responsible for your share of the months you didn't pay. You could tell the judge that you found it too hard to live there since your ex and your friend started seeing each other. The judge may or may not take that into consideration. If the judge agrees with you, then you don't have to pay. You have to prove just cause as to why you left. It has to be undo hardship for you not to be liable.
However, if they have found someone to take your place, then you shouldn't have to pay...

Answer 6

Ok, we need to know if you are on the lease if so YES you are responsible.

DO you have a written agreement with your roomates if so your case could be decided by that.

If you have no agreements and not on the lease the judge can still hold you liable if they feel you are responsible.

Good luck, Are you hat or what. We know you are probably single!

Answer 7

Did you guys sign a 1 year lease? Has it been more then 1 year? Is your name on the lease? These are all questions that need answering before your question.

Answer 8

Yes you are. Your name is still on the lease so they can force you to pay. Your lease isn't up until November so that sucks. Maybe if you talk it out with them and come to an arrangement you'll get off easy. But you're obligated to pay because of the lease. But mention your reason for leaving and who knows maybe you wont have to pay anything....

Answer 9

If your lease has a "Joint and Severable Liability" clause in it, you are all responsible for the rent. If you are able, I would try to find a sublet for the remainder of the lease that way, you would have someone else to pay your portion of the rent.
Good Luck.

Answer 10

Did you have a lease or any other written agreement as to how long you would be staying there?? If not, theres nothing they can do. If so, the circumstances of the living situation might help you.