Legal Question in Landlord & Tenant Law in Maryland

In 2006 I had a roommate at a Townhouse. In september of 2006 me and My roommate had a falling out, and I moved out leaving him the townhouse. When Leaving I took care of my half of the bills (electricity, cable) because they were in my name. He stayed at that townhouse until Febuary of 2011 when he decided to break the lease and move out. Now because my name was on the lease 4 almost 5 years ago I'm getting calls from collections looking for the 2k he left behind. I feel this is not fair. I paid the over due cable and electric bills with no help. I paid my hlaf of the rent until I left. What options do I have?


Asked on 6/01/11, 7:18 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

The first thing you should do is look at the original lease you signed -- how long was the lease term? In other words, how long did the lease last? I would be surprised if the original lease term was for 5+ years. If your former roommate signed lease extensions, extending the lease term, then you might have an argument that you don't owe since you were not party to those lease extensions. However, if you are on the lease and the lease was broken, you are just as responsible as your former roommate who broke the lease, REGARDLESS of whether you paid for cable, electric, etc.

My suggestion would be to hire a creditor's rights lawyer IMMEDIATELY. That lawyer can force the collection company to prove that you actually owe the amount they claim (by producing the original lease, if you no longer have a copy). That lawyer can also threaten to sue the collection company if they don't back off. Finally, that lawyer can sue your former roommate in court for the cable/electric bills you paid -- at least if you are forced to pay rent for the period of time you did not live in the home, perhaps this can be offset a little by the cable/electric bills you paid.

I know you don't want to hear this, but this is a good lesson -- NEVER sign a lease and move out early. And if you have to move out early, make sure you have a written agreement in place with the landlord so that the landlord cannot come after you later.

Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.******

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Answered on 8/03/11, 11:40 am


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