Can I sue my ex-boyfriend for unpaid rent?

My boyfriend and I (and my 4-year-old son) decided to get an apartment together. Our lease was from Feb 1, 2009-January 31, 2010. I paid the $650 security deposit and first three months rent (Feb, Mar, Apr) with the money that I received from a school refund. He paid May, June, July, and August rent. On August 21st, he just decided that he didn't want to be with me anymore and he just up and left. I want to know if I would have a case if I wanted to sue him for half of 4 months rent. We had a verbal agreement to split the rent down the middle (rent is $645). Will he still be entitled to pay half of the rent even though he moved out?? BTW, both of our names our on the lease.
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Answers (1)

Gregory Keith Boop

Gregory Keith Boop

Contributor Level 4
Generally, yes. If your names are both on the lease he is equally as liable as you on the full term of the lease. In other words, $645 x 12 = $7740 per year. He is responsible to the landlord for that full amount if you had never paid a dime. You are responsible to the landlord for that full amount if he had never paid. As between you, he is responsible for half or $3720. He paid $2580 and owes you $1140. It is a straightforward matter based on what you state here.

Stop by Parma Municipal Court (Broadview rolls into Parma Muni.) and go to small claims and file a small claims (under $3000) against him as soon as possible. It is easy, you can do it yourself, and it gets resolved relatively quickly.

Now, collecting is a whole other matter. You may get a judgment...but, collecting may be difficult - the court does not make him write out a check. You convert the judgment to a lien and begin collection on the lien.

My favorite with ex-boyfriends is to levy vehicles, seize bank account funds, or garnish wages.

NOW, the most important advice. Just because he owes you, does not mean you do not owe the landlord. The landlord is still entitled to full and complete rent. "My boyfriend moved out" is not a defense to eviction.

This is general advice and informational only - no attorney-client relationship is formed.
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