Break of roommate agreement.?

Yes you can sue him. The contract you signed with him is only about the agreement between you two, and has nothing to do with the landlord. The only connection to the landlord is if your lease denies your ability to sublease, which is what you were doing, and if so that only puts you at risk for eviction for breaking the lease, but still doesn't make your landlord a party to the contract you signed with your tenant and need not be mentioned in court. You have a legal claim to sue him for the each unpaid month of rent and need not apply the security deposit towards that rent. In some states its illegal to do so, but in all the other states it requires your written approval to do so, which he doesn't have. And as a result of defaulting on the contract, he forfeits his deposit.

You have created this problem for yourself. He gets no security. It is not to pay
rent with. He is breaking his lease and you should sue him.

"Will I loss my right to claim what's on our agreement because I lied to the manager and not had him to be on the official lease? "

Why is it okay for you to be dishonest with the landlord by lying to suit your needs but when someone else tries to stiff you it is not okay? A judge may well ask you that question. It would be interesting to hear your answer.

Back to your question…


If you have a written agreement with the roommate that proves he agreed to a one year term that to me would be strong enough for a judge to rule in your favour. The judge is not there to pass judgment on whether or not you deceived the landlord.

But just remember….what goes around comes around. The judge may well void the written agreement you had the roommate sign because it was obtained under fraudulent means. You did allowed the room mate to live there in violation of the terms and conditions of your lease. Even if the roommate went along with this you are the one responsible. If the landlord found out what was going on he could have ordered you to get rid of the roommate or get rid of both of you by evicting you.

EDIT:

"I lied to the apartment manager because he insisted to not be on the official lease."

That doesn't justify you lying.

"He said he has hired a real lawyer and i will 100% loss in this case. But I am unsure if our written agreement will be voided because I lied to the manager."

Like I said, it could be.

"and our roommate agreement are 2 separate things."

True…but the deal you made with the roommate was contingent upon being truthful about the circumstances that would allow the roommate to live there. What you are trying to say is that the roommate knew full well that he could not live there without signing the lease. The roommate just has to deny that.


"And I don't understand what do you mean by ' it was obtained under fraudulent means'. He and I lied to the manager that he did not really live here. But the manager knew that we lied but did not insist his name to be on the contract."

The landlord just has to say he was not aware anyone was lying. How would you prove otherwise?

"I am a bit confused with your answer. So do you think that our agreement will be voided b/c I violated the official lease term? Are you a lawyer? Thz!"

I am not a lawyer but my understanding is that contracts can be voided if created under fraudulent means. Would your contract be voided by a judge? The roommate just has to say that he was not aware that he could not live there unless he signed the lease. He could say you never ever told him he had to be on the lease. The roommate could tell the judge that had you disclosed all of the facts he would never have moved in had he known his name had to be on the lease.

It comes down to credibility. You say the roommate went along with the lie so he could live with you. A judge may look at you and say, " Well if you lied to the landlord how do i know you're not lying in my court?" If he says that then he dismisses your case because you created a contract fully knowing that it should not have been created in the first place.

But like I said, I'm not a lawyer so who knows how a judge might rule?

You can take him to court, but you are obligated to mitigate your damages by finding a new roommate anyway, so you might as well just do that and skip court, because it'll be cheaper and faster.

You can take him to court, but you have to figure out if it's worth it. Winning in court doesn't guarantee you ever get paid.

Anyone can sue anyone. Your problem is winning. A roommate agreement is not a lease. So did you have him sign a lease or a roommate agreement? It all depends on what he actually signed with you and what the judge decides.

ASK local adults for actual info locally as it varies greatly depending on where you live

I think it wont work in court if he didnt sign the lease.

Besides, how hard can it be to find a new roommate?
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