Can I fine my roomate for breaking her lease early?

Question

My roommate and I had an agreement that if one of us broke the lease we would find someone to replace ourself(verbal agreement). She notified me that she would be breaking the lease (up in June) and she hasn't made any attempt to replace herself before her move out date (Feb 1st). Is there anything I can do legally? can I tell her she has to pay the remainder of the lease out if she doesn't replace herself? I have been looking for a roommate as well and it is difficult, as it was to find her. Two heads are better than one and she wont cooperate. If anything, I want to punish her for being such a crappy roommate. Are there any loopholes? Can I fudge the truth and make her pay? She is getting off too easy and I have to do all the footwork all over again. The only thing that I can think of is that she wont get her security deposit back. I think she may be aware of that already. Is there anything sneaky I can do :}. Help!! Any lawyers out there? help!

Oh, and she is on the lease. I put her on once I moved her in with me last June.

Answer 1

Verbal agreements are overridden by written agreements.

Unless you have it in writing that if one of you broke the lease the person in breach would find someone to replace themself, your out of luck. Also, even if in writing, if it contradicts your state's laws (mitigation) it would be unenforcable.

You can sue your roommate in Small Claims court for her portion of the rent until either the lease expires or a replacement roommate is found.

Most states require that the wronged party mitigate their damages. This means that you must make an effort to find a replacement roommate.

Answer 2

you're in a poorly defined area of law [and we don't know where you are, so google the law]

Certainly, the landlord is entitled to sue either or both of you for the full amount of the rent if it isn't paid in a timely fashion. Usually, landlords simply demand the whole amount from whoever is actually living there and only sue when they must -- filing the suit and then collecting are expensive and landlords try to avoid expenses.

i believe that when unrelated persons are both on the lease, that they have, in essence, created an unregistered partnership. Since you are relying on her to fulfill the terms of the lease, you should be able to sue her for the unpaid amounts [Feb through June] in small claims court [or the equivalent in your area].

There is a filing fee, but you do not have to have a lawyer. [BUT if one party does bring a lawyer, they'll have an advantage.]

You will have to make your case before the judge in a straight forward and logical manner while relying on physical evidence as much as possible [the signed lease, for example].

GL

Answer 3

If her name is on the lease, won't she have to continue to pay the rent to your landlord until the lease is up, whether she is living there or not? And if the landlord or owner of the property chooses to allow her to break her lease, that should not affect your rent. If you each signed the lease, then each one should be responsible for only their share of the rent.