MANY CASES INVOLVE A ROOMMATE WHO - FOR WHATEVER REASON - DECIDES TO MOVE OUT OF RENTAL HOUSING BEFORE THE LEASE IS OVER.

It's one thing to have your landlord turn out to be a creep or crook; at least you can protect yourself from the few who give so many honest business people a bad name by shopping around. The damage is much harder to foresee and can be worse economically and psychologically when a former friend betrays you. That is exactly what happens to many people in roommate situations. In fact this type of case, the roommate dispute, is becoming very prevalent.

PRIMARY LEASE LIABILITY

Each individual who signs the lease (which is an express enforceable contact) is liable not only for his "share," but for the entire rent, should other signers default. Translated into dollars, you are obligating yourself for $500 per month if you sign for that amount of rent, even if three other parties sign the same lease. You are promising that any or all who sign will pay.

Using the same example, when four persons sign, they are acknowledging the contract between and among themselves to contribute their share: $l25 per month. The promise to share the rental obligations is also a legally enforceable contract. Promises among roommates do not have to be in writing to be enforceable in a court of law. Oral (spoken) or implied-in-fact (evidenced by habit or behavior) contracts are also recognized. Here, it is also evidenced in writing in the lease.

RELATIONSHIP OF THE TWO CONTRACTS

Definite promises, bargained for, understood and given in exchange for something (for instance, housing or the like promise of another roommate) are the heart of any contract. The landlord in this example can rely on the promises of four people or any one of them. The roommates rely upon each other. If rent from one party is late, for example, the entire amount will ordinarily be considered late. If a fee is charged, it will be assessed against all parties. It is the obligation of the roommates, based on their promises to each other, to see that the appropriate individual is held responsible. Likewise, if one person causes damage, the deduction will be withheld from all. The former roommates need to decide who among them should suffer the consequences.

THE MYTH OF LEASE BREAKING

Anyone who suddenly presents the theory that his apartment was "UN inhabitable" after getting into problems paying rent has a huge creditability problem. Certainly when the residence is not up to the city's housing code -- and cannot or is not brought up to these standards in a reasonable time -- the "implied warranty of habitability" is broken.

Even where there is some evidence of code violation, it's awfully late to bring it up when you're being sued for unpaid rent. If the place is destroyed by fire or a hurricane blows the roof off, the lease can be considered broken. Even in these cases, however, the law and standard lease clauses give the landlord the option to repair. Finally, minor breaches by the landlord are remedied with rent abatement (decrease) rather than voiding the entire lease.

CONSEQUENCES OF SKIPPING ON YOUR ROOMMATE

If you cop out, for whatever reason, the landlord will probably not initially focus on getting the rent from you. Your former roommates will be the first to get stuck with the bill. Your obligation doesn't end because you're not living there. The abandoned roommates relied on your promise to share rent when they signed the lease. You are therefore liable to them for any damage they suffer due to your broken promise.

SUBLETTING AS AN OPTION

The individual who breaches the obligation to his fellow roommates - whether for good or nasty reason - must make every effort to lower their damages. They, however, are under no legal obligation to accept just any new roommate. The landlord usually has reserved the right to approve of any new tenant.

STUCK HOLDING THE BAG

Although deserted roommates have no legal obligation to find a remedy, they are usually the persons forced by practical circumstances to face the crisis. They should make every effort to resolve the problem themselves, as well as to document these steps. The reason is simple. When people are forced to go to Small Claims Court to sue the skipper for reimbursement, they invariably win on the merits of the case. The problems are in getting service of process and, of course, in collecting on the judgment. If the rent is not paid, and no one can negotiate a settlement with the landlord, all of the parties, including the innocent, will very likely lose their place to live, be sued, and have a judgment rendered against them which will wreck their credit rating.

SOLUTIONS

The only realistic solution to a roommate dispute is to negotiate a settlement. Mediation (help in communication and fair resolution) is an excellent resource. Even a settlement will not be pleasant. The only sure approach is prevention.