Which form do I use when a tenant abandons their lease?
Roommate moved out, refused to pay last 2 months of lease. Swears it's not valid because she didn’t return the signed lease to me but agreed to in texts that I still have proof of. Wondering if it's valid so I know how much to sue her for.
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Roommate moved out, refused to pay last 2 months of lease. Swears it's not valid because she didn’t return the signed lease to me but agreed to in texts that I still have proof of. Wondering if it's valid so I know how much to sue her for.
Elizabeth
Welcome and thank you for using AskaLawyer. My name is Liz and I'm the attorney who will be assisting with your legal question. I know that dealing with the law can be difficult and confusing, so I’m here to help!
So I can best help, was your roommate your subtenant?
Yes. She rented a room in the house I own and lived in with her.
Elizabeth
And you had a verbal agreement for the fixed term as well as the lease she didn't sign?
Yes
From November until May and she moved out while I was gone for a weekend in February so hasn’t paid for March nor April.
Elizabeth
And she didn't give you any notice?
No. I had to send a termination letter to her work and email address because I’m not sure where she lives now.
I gave her 30 days notice to be out by April 1st. But she hasn’t been here since that weekend.
Elizabeth
Why did you give her notice to move out?
That was after she deserted her lease. She claimed she was an at-will tenant since she never returned the signed lease to me so I treated her as such and sent her the 30-day notice.
She thought her saying she was at-will would get her out of paying. And she thought she didn’t have to give notice either.
Elizabeth
As she's already out, that would make her usually not liable for May, just March.
Yeah but if the lease is valid, wouldn’t that make her liable until May?
She moved out and hasn’t paid, she would have to get an eviction/termination notice anyway.
Elizabeth
She would usually get a notice of breach when she abandons the unit.
So I can only sue her for March? Even though the lease is valid until May.
Elizabeth
You could try, but she could argue you told her to be out by April 1st.
Also she messed/gouged up my brand new floors in her room, can I put an amount in for that?
Elizabeth
You'd have to price the repair, but yes.
Okay, thank you!
Elizabeth
Of course!
I know this can be stressful, so if there's anything I can assist with or clarify, please let me know.
Elizabeth
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