Cleveland, OH asked in Landlord - Tenant for Ohio

Q: My roommate can no longer afford his half of rent. Can I get him off the lease through small claims court?

He struggles to pay his half of the rent, so much that three of his payments bounced for NSF. My apartment now requires us to pay in full with a cashiers check, meaning it will be all on me and I will just have to hope he pays me back. I'm not comfortable with this arrangement.

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Canton, OH
  • Licensed in Ohio

A: Not likely to do accomplish this through small claims. First we need to know how the lease is written. IF the roommate is one of the lessees on the lease. If so, then you need to persuade the landlord to permit the roomate to get off the lease. Suing in small claims court cannot do that for three reasons. First, the landlord has not done anything wrong and. Second, your leas likely does not have any remedies between the lessees but only between them and the landlord (lessor). Third, small claims court only permits money damages rather than equitable remedies, You can sue your roommate for the money he owes you, when the lease renews.

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