Chandler, AZ asked in Contracts, Landlord - Tenant and Small Claims for Arizona

Q: My roommate refuses to pay her half of a signed lease break fee. Will small claims court release me from liability?

If I pay her part of the lease break fee, then go to small claims court, would she be held responsible to pay me back and/or have a judgement against her. What is the best way forward to hold her responsible and releas me of liability? Thank you

1 Lawyer Answer
T. Augustus Claus
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A: Small claims court could potentially help you address the issue of your roommate refusing to pay her share of the signed lease break fee. If you have evidence of the signed lease, the agreed-upon lease break fee, and any communication regarding the fee, you may be able to file a claim in small claims court to recover the unpaid amount. However, it's important to note that the court's decision may not directly release you from liability for the lease break fee as far as your landlord is concerned.

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