Roommate disappeared, lease still active

[lostinmn]

My roommate and I signed a lease earlier this year that expires in a few months. A couple of days ago the roommate moved out without saying a single word and left to a different state. His name is on the lease just as much as mine is. He said that he has no intentions of paying his half of the rent. I know if I take him to small claims court, it'd have to be in this state. Of course he isn't going to come, so I will win. Questions I have:
Do I have to wait until the lease is over and I have paid all of his shares or can I sue him now for the money he'll need to pay for the rest of the lease?
What would be the consequences for him for losing this in court?
Is there anything I call tell him to pay his half besides just telling him that he must? He thinks that even though he signed the lease he has no obligations.

 

[Gail_in_Georgia]

You can sue him for what he now owes (i.e., you paying his share of the rent) but not for what he hasn't paid yet. In other words, if you pay his share of the rent to avoid eviction, these become your "damages" in court.

If he loses in court this will end up on his credit report and follow him around for a significant amount of time. It can affect whether he is able to buy items in the future without dealing with a significant interest rate because his records indicate he has a history of not meeting his financial obligations.

Gail

 

[mightymoose]

You won't win a dime if you don't make some legitimate effort to find a new roommate to cover that cost. Even though your buddy broke the lease, you have a responsibility to try and minimize the damages. You cant simply wait three months and do nothing then ask for three months damages.
If you find a new roomie right away then your damages are minimal and not even worth suing over.

 

[mightymoose]

Oh... another thing.
I don't think you can sue at all. It is your landlord who is damaged by the broken lease.
I will bet you that there is language in your lease that makes you responsible for the full amount should your friend fail to pay.... and vice versa. You agreed to it.

 

[Gail_in_Georgia]

Yes; most leases usually contain a "jointly and severally" clause making each tenant still responsible for the entire rent if roommates disappear into the night without the landlord agreeing to let them out of their lease. If the OP pays only their share the landlord is going to go after the most convenient tenant...them.

However, the OP can still turn around and sue the former roommate for their share if they pay the roommates share to avoid eviction.

Gail

 

[lostinmn]

Yes, I am responsible for the full rent if he doesn't pay. And I am trying to find a new roommate. What would qualify for "trying" and "proving I've done so"? Would emails be enough? A screenshot of craigslist ad? It's not like I want to never fill his spot and then sue him. I'd rather avoid all of it. But I don't want him to get away so easily.

 

[bluemann33]

craigs list ad, newspaper ad etc. With only 3 months left it will be hard to find someone for only 3 months of living arrangments unless you resign another years lease. Good luck but it will prob not be worth your time and sue and the bum will not pay you anyways.