How to recover from roommate who skipped out

[Bigtex]

Me and 3 other people signed a lease to rent a house. We each signed the lease, which specifies we are jointly and severally liable. After signing the 12 month lease, one of the roommates decided not to move in but did pay her share of the rent each month ($325) for the first 5 months. She has now decided not to pay rent any more and enlisted an attorney. We have now begun to try to find a replacement roommate but have not yet had any luck. I understand that the landlord has no obligation to pursue this deadbeat and the obligation for the lease now rest with us remaining tenants. We would like to take this to small claims court to recover the remaining 7 months rent in the event that we are unable to replace her on the lease. I just need advice on how to represent ourselves in that process and some insight on how to win the case. It looks like she will be represented by an attorney, which doesn't scare me, I just want to be as prepared as possible. Thanks.

 

[presutin]

It looks like she will be represented by an attorney, which doesn't scare me, I just want to be as prepared as possible. Thanks.

She may be getting an attorney's advice but she won't be represented by one in small claims court because you, the plaintiff and, she, the defendant, are going to be your own attorneys. Take all the evidence that you have (lease agreement, payments made, emails, text messages) showing the judge that she assumed the responsibility but decided not to continue with it. Good luck to you!

 

[dee_dub]

Representation is often permitted, it's just not worth it financially. The other party might have a lawyer, if they have money to burn. The lawyer would have to be really hard up too - their client's case is a dog.

Usually when you sue in small claims, you file your claim, and the other side files a reply. Until you've heard their side of the story, it's hard to say what you'll need to do.