Roommate has broken the lease. What are my options?

[Merqutio]

My roommate moved out today without any notice. Rent is due on the first and I cannot afford to pay the entire amount. He also wants his security deposit back. It was a total of 200, and he paid 100. Will the landlord give him his half back? Will I have to pay $100 in order to cover the security deposit if he gets his back?

Before we moved in together, we signed a contract that in part says, "If, for whatever reason, I move out of the dwelling, I realize it is my responsibility to find a replacement. I agree to look for a replacement roommate which is acceptable to my present roommates. If I move out of the dwelling and a replacement roommate has not been found, I realize that I am still legally responsible to my roommates for paying my share of the rent and utility bills. I understand that I, as an individual, can be held responsible to my manager and/or the utility companies for up to the entire rent and/or utility bills, if I fail to fulfill my part of this agreement." It also says, "To be effective, it is not necessary to witness or notarize this agreement. Each roommate should print and sign below and receive an original copy."

Will this contract hold up in court? He also wrote his driver's license number on the contract. Thank you.

 

[Duranie]

First of all, is he on the lease?

Even if he is not he is required to give you some notice.

If you were both on the lease then technically your landlord should be going after him for his half. You are also required though to mitigate your damages, so you have to look for another roommate. If he stiffed you on rent, utilities, then yes you can sue him for the money he owes you.

It is unclear from your post if he has a lease with you, or the landlord.

 

[Merqutio]

Both our names are on the lease with the landlord, but the landlord will allow him to remove it tomorrow, so they are gonna come after me for the. So the contract is valid if I dont find a rommate?

 

[Duranie]

If the landlord is going to aloow him to break the lease, then he should give you the option for you to break yours. He cannot break this part of the lease and expect the conract between you and him to remain valid. What does he expect you to do? Have you talked to him? Keep records of everything.