Need FBG lawyer advice: Roommate breaking lease (1 Viewer)

[INRIhab]

My brother is at college in Philly and lives off-campus with a roommate (let’s call this roommate Richard). They have a lease that runs until the end of August. The two split rent and utils 50/50.

About a week ago, Richard dropped out of school and left the state without any plan to return. When he informed my brother that he would be doing this, it was only 3 days before the semester started (i.e., 99% of people in school had already found a home). My brother is looking for a new roommate but it has obviously been difficult (especially with snow in the northeast shutting down campus).

Both my father and Richard’s father are cosigners on the lease. Richard’s father has no plans to pay for his son’s portion of the rent. Him and his son have effectively decided to screw over my family.

I’m not familiar with the law. From the landlord’s perspective, I understand that all tenants are jointly and individually liable to pay the rent in full. However, if my family were to take Richard’s dad to small claims court, would we get a settlement given his status as co-signer? I would hope it’s plainly obvious that Richard (or his cosigner) is responsible for half the rent.

In the meanwhile, Richard’s father wants to drop by the apartment on Feb 1 to pick up his son’s stuff. Just a casual “Sorry for screwing you over and failing to take responsibility. Hope you guys are able to afford the extra rent…and if you’re not able to afford it, then oh well, good luck with that, sucks to suck.”

If neither Richard nor his cosigner will take responsibility for paying rent, I would like to ask the landlord to change the locks ASAP. Would this hold up if Richard's name is still on the lease? We’ll find a new roommate and pay rent in full as we search for one, but I don’t want these people having access to the apartment, which I think is understandable. I would imagine that the landlord may need to write up a new lease first, or something like that...

 

[Judge Smails]

Unfortunately I have a lot of experience with this. Not a lawyer, but had my daughter in a similar situation in college. Question - does the lease have jointly severable and liable language in it?

My take? Don't pay the other guys portion of the rent. The landlord will then take Richard or your brother (only has to be one) to small claims court if you have jointly and severally liable language. If your brother gets a verdict against him, he can a) appeal b) if loses he can sue Richard for the full amount.

 

[T Bell]

Does the landlord know about the abandonment of the lease by Richard? What's your landlord's relationship with your brother like?

I'd be straight up with the landlord and try to work together with him to get a new roommate.

Based upon the way you're describing the lease, the landlord has the right (but not the obligation) to sue both your brother and Richard's father for breach of lease even if your brother is still paying his share. If the landlord is smart, however, he won't piss off a good paying tenant, will only pursue Richard's father to the extent that's going to lead anywhere, and will focus his energies on getting a new roommate.

Let's do the math here for the landlord. For college housing, your brother and his roommate are paying what, $500-600/month, tops? Their lease probably runs out in June, right? So that means that the landlord is "only" out $3000-3600. Moreover, the landlord may in fact be legally obligated to mitigate his damages by trying to get a new tenant. Again, all of this points to a constructive solution to this problem by the landlord rather than focusing attentions on suing someone.

 

[Idiot Boxer]

Does the landlord know about the abandonment of the lease by Richard? What's your landlord's relationship with your brother like?

I'd be straight up with the landlord and try to work together with him to get a new roommate.

Based upon the way you're describing the lease, the landlord has the right (but not the obligation) to sue both your brother and Richard's father for breach of lease even if your brother is still paying his share. If the landlord is smart, however, he won't piss off a good paying tenant, will only pursue Richard's father to the extent that's going to lead anywhere, and will focus his energies on getting a new roommate.

Let's do the math here for the landlord. For college housing, your brother and his roommate are paying what, $500-600/month, tops? Their lease probably runs out in June, right? So that means that the landlord is "only" out $3000-3600. Moreover, the landlord may in fact be legally obligated to mitigate his damages by trying to get a new tenant. Again, all of this points to a constructive solution to this problem by the landlord rather than focusing attentions on suing someone.

I came here to say exactly this.

The LL doesn't want to go to court any more than your brother.

Also, not sure about PA, but here the courts are very 'pro-Tenant' and if the LL takes your bro to court, he's only likely to get possession, not any cash damages.

 

[INRIhab]

First, thanks so much for the responses, I really appreciate the input. Unfortunately I haven't been able to post for a week, but I learned some additional info:

1) The lease has no co-signers .... I was really shocked by this. Given that both tenants are college students with no credit and no jobs, I had just assumed both parents co-signed the lease. I found this to be incredible.

2) I left multiple voicemails for Richard's dad and haven't heard back ... however, he texted my brother asking for the LL's #. My guess: He doesn't have a copy of the lease and has no idea what he's liable for, and now that someone is calling him, he actually cares enough to find out.

3) I really regret not calling the landlord sooner. Now it seems obvious that I should just explain the situation to him and express my intent to find a mutually agreeable solution. At the end of the day, my younger brother is a college student with $10 in his bank account; if the LL takes him to court, he'll get a meaningless settlement (and it appears that's his only recourse given there are no co-signers). I'm willing to co-sign my brother's half of the lease as a show of good faith to the LL, under the condition that my brother will be responsible for only half of the lease. We already put up ads for roommates, and hopefully the LL can help us out there as well. I'm not sure how the LL will approach Richard's father given that he isn't legally liable for anything, but I want to speak with the LL first just to make sure I get him on my team. Really kicking myself for not calling the LL sooner....calling him at 9am tomorrow.

Anyway, thanks for the responses. Unfortunately I was pretty blinded by my anger toward's Richard and his father. Hopefully I have good news to report back soon (not that anyone actually cares )

 

[DSP]

I care