My Roommate Breaking Contract, what can I do? Options

[Jen]

My roommate has suddenly come home from a weekend vacation and says, she has to move out, my cats are giving her asthma.

Keep in mind, she has been here for 5 months without any problem until now.

We have a month to month lease with her, and asked her to give us 30 days upon her leaving. She says she's moving out today and can't give us 30 days.. aka she won't give us next months rent (which is coming up).

Upon moving in, she gave us a $125 deposit.

What can I do? Can I take her to court and collect for the rent she is supposed to be paying (prorated of course)?

Please let me know. Thank you.

On the other hand, I'm kind of glad she's leaving. I didn't like her one bit. =)

[ILuvMyCelica95]

The contract says that she must give 30 days, and have the next month prorated. In the lease it also states that if 30 days notice is not given, no deposit will be given and it will be credited towards what is owed on the prorated rent.

But. My boyfriend was nice and said that she won't get her deposit back, and she doesn't owe us anything.

But I still want to take her to court. I'm just afraid my boyfriend's words might hurt us.

I don't quite understand why you want to take her to court?
If he already told her that he's withholding her deposit and nothing additional is owed there isn't anything you can do in court. Unless you lie and tell the court that your boyfriend did not say that...which I don't advise you doing.

If she's not a great tenant and you'd rather have her out I'd leave it at the verbal agreement that your boyfriend gave her. You can put it in writing and have her sign it that way there is no question as to how this ended.

Going to court is a headache, and there really isn't any justification to do so. It seems like you solved this amicably already.