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You are both obligated to the landlord for your share of the rent and the utilities are ultimately up to whomever's name is XXXXX XXXXX account. If there is no agreement between the two of you stating that each of you agree to pay the utilities in equal shares, etc., whoever lives there has to pay the bills or the things will get cut off. She can't sue you for 1/2 of the utilities if there's no contract obligating you to pay.
If any of the utilities are in your name, you would be obligated to pay, but you would also have the right to cut off all of the utilities and allow her to transfer them into her name.
The landlord has agreed not to sue me, btu the roommate is stating that she will sue me for her security deposit, on top of the utilities, citing that she can't show the apartment due to my room being locked. I am also concerned that she will stay through 3/31, and then add 1/2 of March's rent to the tab, even though we both agreed to vacate by 3/1. Again, I am not living there but do have things in the bedroom as I am paying the rent through february (gave the landlord my word on this). Also, there are emails between us regarding my paying 1/2 of the utilities through December. Until I stopped staying there, she said that I only had to pay December's utilities, and that I have in writing as well. Does she have a case, and can I countersue for the unlivable conditions in the apartment and losing my security?
If you have two separate leases, your security deposits should be equally separate. If the deposit is being taken for things she did, you should ask the landlord to take from her and return your money.
As long as you're paying rent, you can leave your door locked. She can't sue you for this. She has no damages - you're paying the rent. If you weren't paying rent and had it locked, that would be a different story.
Also, she can't sue you for the utilities if there is no written agreement between the two of you that you'll pay them.
It is possible that you could sue for her causing you to move because of the cat problem, odor, etc. However, a judge would likely say that you should have gone to the landlord to fix the problem, and if the landlord would not, you would have grounds to cancel the lease or sue the landlord for the costs associated with your move.
I have gone to the landlord and they say that they won't get involved between roommates. They are fully aware of how bad it is, but say that I can't have my security back under any circumstances because I am breaking thier lease. They also say that they won't sue me for the remainder of the lease.
If she elects to stay until 4/1, which is one month past when I will be paying rent, can she sue me for 1/2 of March's rent due to it stating in the lease that she becomes responsible for the full rent if I vacate? I have emails that show that she signed a lease first and that I woudl be leaving March 1st.
Ok. If the money is being kept for breaking the lease, they're right. So long as it is not for damages caused by her.
If you have separate leases, she's only responsible for her part of the rent, not yours. If the landlord is going to keep your deposit and let you out of the rest of the contract, that should be the end of it. Your roommate should not be held responsible for your part of the rent - that's not in her lease!
But it is in her lease, and mine. It states that if one party vacates then the remaining party becomes responsible for the full amount of the rent.
Even though she told me in email that she would be out on 2/27, I don't put it past her to stay until 4/1 when her new lease begins. If she does this, am I responsible for the rent for the month of March?
Ok, if that's the case, your leases are really not separate. However, the terms are if one moves out, the other is 100% responsible for the rent. That doesn't give her the right to sue you for your portion of the rent. Only the landlord has that right. If you move out (or if she did), and the entire rent isn't paid, he's going to evict her. She can't sue you because you have no contract with one another.
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