Roomate HELP! Need advice filing a suit against my roomate

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cpascone

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Hello All,
Im new to this forum so bare with me.
I am having a problem with my current roommate. He is on the lease for our apartment complex. We have been living here since may. Recently he decided to move out due to his financial situation. Another person came in to take his spot until the agreed date of January when he said he would be returning ( with financial aid etc). But he did not fill out the roomate release form and just simply left. He has been gone for over a month (left september 2nd) My problem with this, is that I do not feel comfortable with him still being on the lease and having keys to the apartment if he is not living here anymore. The apartment complex cannot remove him from the lease, without him willingly signing the roomate release form. He is living at his mothers place about 3 hours away. I have been able to speak with him 1once and he did not take kindly to me asking for his removal from the lease. I tried telling him that he would be able to come back on the lease in January as long as he gets off of it now, but he will not budge.

In any case, I am in the process of going to small claims court over this matter. I am new to this whole process. In the court, I would be demanding payment of backed rent and Utilities ( This past September, and this upcoming October), or his willing release from the lease. I would much rather just have him get off the lease, but I feel as if I am left with no other option but to back him into a corner with a financial burden/ altimadum.

Also, the court wasnt sure whether I should just file it normally or file a "Unlawful Detainer". I am not sure what I should be doing. Can someone help me out in this situation?
 
Also, the court wasnt sure whether I should just file it normally or file a "Unlawful Detainer". I am not sure what I should be doing. Can someone help me out in this situation?
An Unlawful Detainer action is a special court proceeding. It's a legal way to evict someone from the place where they live or work. This usually happens when a tenant stays after the lease is up or the lease is cancelled.

So as you can see, unlawful detainer does not apply to your case. Just file your suit normally.

Hope this helps!
 
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