My lease runs out July 31,2021. My roomate says she is leaving at the end of this month. Leaving me with the total rent

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Customer: Second Opinion] My lease runs out July 31,2021. My roomate says she is leaving at the end of this month. Leaving me with the total rent due for July !st. Do I have a small claims case? And can it include punitive damages. JA: What province are you in? It matters because laws vary by location. Customer: Nova Scotia JA: What steps have you taken so far? Customer: I've called propery mgmt. and they said that because I'm staying to the end of the lease I'm responsible to pay in full. And take her to court for breach of cotract. JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: I don't believe so.
Answered by Thom, LLB (JD) in 20 mins 1 year ago
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Thom, LLB (JD)
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Thom, LLB (JD), Expert

Hello.  I am reviewing your question and I hope to assist.  Can you tell me, as I review the matter if both your name and that of your roommate appear on the head lease?  Thanks.

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Thom, LLB (JD), Expert

Sorry, I forgot to ask as well if, in addition to the lease, there is a roommate agreement in place that the two of you would have prepared and the beginning of your cotenancy?  Thank you.

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Thom, LLB (JD), Expert

I will answer as best I can with the information provided.  When you signed the lease with your roommate you committed, to a legally binding contract. When more than one tenant signs a lease, the law says that you become “jointly and severally liable.” That is, as roommates you are both responsible for the lease, but at the same time any one roommate could be singled out and held responsible for the whole lease.  This is something that could have happened even when your roommate was still residing in the leased premises. In your particular circumstances, you are correct and upset with the fact that you will be responsible alone for rent for the balance of the lease. Importantly, you will also be responsible for any damages the Landlord identifies, outside the scope of normal wear and tear, that is found when the rental property is turned over.

A dispute with your roommate for their share of the balance of the rent and any damages (should they be identified) may be resolved through Small Claims Court. To start a claim through Small Claims court use the forms on the Courts of Nova Scotia site: https://www.interactivecourtforms.ns.ca.  Evaluate the expense financially and emotionally chasing your former roommate.  If you do not know where they have gone or if they do not have the financial means to pay you what you are awarded, the claim may be more trouble than it's worth.

Punitive damages are rarely awarded at any level of court let alone Small Claims Court.  They are awarded to punish a party for their conduct.  The conduct must represent such egregious behaviour that the Court would want to make an example of the party.  I am not familiar enough with the facts that prompt your asking if you could seek punitive damages in this matter and cannot comment further.

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