Legal Question in Landlord & Tenant Law in Maryland
Breaking of lease
I am currently renting a house with 4 other people, all of whom have signed a
lease guarenteeing our landlord payment of $2400 per month. However one
of the tenants has now decided that she wants to break the lease because of
some flooding in the basement (which the landlord is taking care of). She has
moved out of our house but now refuses to pay her portion of the rent. Our
landlord has informed us that if he doesn't receive the remainder of the
money that he will take us each to court. We have tried reasoning with said
person numerous times and she still refuses to pay. The only logical solution
we can think of is to pay this month's rent and then take her to court for the
money as well as the next two month's rent. My question is that if we were to
take her to court, what is the likelihood that the judge will rule in our favor?
Before getting ourselves involved in litigation I'd like to know whether it will
be worth it to take her to court for the money.
2 Answers from Attorneys
Re: Breaking of lease
No one can tell you whether or not you will win a case or give you a probability that comes close. The issue here is whether or not you had an agreement with the roommate to pay rent if the roommate were to break her lease. Can you say what were the terms of your agreement with the roommate under these circumstances?
Re: Breaking of lease
Many leases with multiple tenants provide that each is jointly and severally liable. Assuming this is the case with your lease, your landlord may hold each of you liable for the entire sum due. Your ideas of paying the rent and then sue the nonpaying tenant ma be you best approach. Since there are 3 of you, the costs of litigating would seem to be jusified in seeking recovery of approximately $2400.00. If you have further questions, I can be reached at 703-915-1401. Good luck!
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