Roommate leaving lease early without payment

[Devonnadler]

Jurisdiction

Massachusetts

3 roommates signed a 12 month lease. Sept 1-august30. First and last was required for each tenant. One roommate is leaving April 30, and has paid until may 30. Has not paid April rent yet. He is saying to be leaving april30th and says he does not have to pay April rent (which was due 3 weeks ago) because he paid last months rent upon move in. But he's breaking the lease by leaving early and refusing to pay for this month. The last month rent that was paid only applies for the 12th month. Can he legally not pay us for rent for this month after leaving with notice of leaving? Can he legally use that deposit early?

 

[army judge]

Can he legally not pay us for rent for this month after leaving with notice of leaving? Can he legally use that deposit early?

First of all, get your landlord involved.
Second, don't ever expect that deadbeat to pay anything he owes you.
That means the remaining people (the 3 of you) will each have to make up his unpaid rent.
Of course he's breaching the lease, but that's not going to be solved.
If the three of you don't pay what he paying, you'll eventually get evicted by the LL.

Let's say the rent is $1200.
You have four people, each pays $300.
But, the deadbeat is absconding.
That means the three of you will now pay $400.
This is why roommate situations RARELY work.
Its best to rent something you can afford alone.
Husbands and wives let each other down, stands to reason friends would, too.

Let the landlord know.
See if the landlord has a solution.
Its best just to get along with the three of you until the year ends.
Chances are, if you add a newbie, it'll just be another mooch or deadbeat.

 

[mightymoose]

This is the landlords loss, not yours. You are responsible for full rent if the others don't pay up. The landlord may choose to pursue action against the one breaking the lease, but will more likely expect the remaining two to suck up the difference.

 

[adjusterjack]

But he's breaking the lease by leaving early and refusing to pay for this month. The last month rent that was paid only applies for the 12th month. Can he legally not pay us for rent for this month after leaving with notice of leaving? Can he legally use that deposit early?

No. But telling him that isn't going to get him to pay, will it.

You and the remaining roommate will have to pay the rent in full and you can seek indemnification by suing him after he moves.

My bet is that your LL won't do squat because he's got two birds left in the hand after one flew into the bush.