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TexLaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 4430
Experience:  Represents tenants and landlords in residential and commercial lease disputes
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I am in college and have had my roommate bail on the lease.  We

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I am in college and have had my roommate bail on the lease. 

We both signed the lease with my mom as the guarantor. He paid for a few months but then went on a two week trip to Europe. While in Europe, he had "too much fun" and had to be put on medication, and live with his mom. During the 3 months he stayed with his mom, he said he would not pay for the rent when he was not actually living in the apartment. It came out to around 4,000$.

Since this happened, I have signed him off the lease and had my girlfriend move in. Do I take him to small claims court? And is there any way he can get out of paying?
Your room mate is liable to you for half the rent regardless of whether he was living there or not because he signed the lease. You would sue him for breach of contract and for indemnity as you covered his part of the rent. The fact that he had to go to rehab or whatever is not an excuse for him not paying you what he owes you and what he agreed to pay. In other words, he doesn't have a defense and you have a strong case.
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