questions & answers

Question: My roommate and I signed a lease together. She moved all of her stuff out, while I was on vacation, yet doesn't want to cancel the lease and continue paying her rent. I am pretty sure she is going to flake out on my lease, which will therefor hurt her and I. What steps do I need to take to get this resolved in regards to suing her.

Answer: Both of you probably liable on the lease if you signed it together. This means the landlord could pursue either or both of you (and either of you could then pursue the other) in the event of a default. Unless and until your roommate stops paying rent, there is nothing you can do. You may consider telling the landlord right away anyway to see if they will work with you. If you become liable to pay all the rent because your roommate won't pay and you don't want to get sued/evicted, you can then sue your roommate. Many times in these situations, the best measure is to discuss with the landlord to try to work out a resolution. This is because the landlord can evict you if your roommate does not pay her portion of the lease. You would likely sue her in the justice court that serves the area in which you live. They have paperwork available at the court, and the clerks are generally very helpful. You can use the following link to find your justice court: http://recorder.maricopa.gov/pollingplace/getdistrict.aspx. Please note I am providing general information based on the limited information available to me. I am unable to provide legal advice. Answering this question dose not create an attorney-client relationship. I wish you the best.