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When a roommate leaves and the remaining tenants must pay their portion of the rent, you should consider the following:
Review the lease agreement: Examine your lease to understand the terms and conditions regarding rent payments and tenant responsibilities. If all roommates have signed the lease, you may have a joint and several liability clause, meaning each tenant is responsible for the full rent amount. If the departing roommate is also on the lease, they may still be legally responsible for their portion of the rent.
Talk to your landlord: Communicate with your landlord about the situation and see if they are willing to work with you to find a solution, such as allowing you to find a new roommate to cover the rent or negotiating a temporary rent reduction.
Contact the departing roommate: If the departing roommate is still legally responsible for their portion of the rent (based on the lease agreement), try discussing the situation with them and request that they continue to pay their share or help find a replacement tenant.
Small claims court: If the departing roommate refuses to pay their share of the rent and is legally responsible for it, you may consider taking legal action in small claims court to recover the owed rent. Consult with a local attorney or legal aid organization for advice on this option.
Seek legal advice: Consult with an attorney familiar with Wisconsin landlord-tenant law to better understand your rights and options in this situation. If the departing roommate refuses to pay their share of the rent and is legally responsible for it, you may consider taking legal action in court to recover the owed rent. Consult with a local attorney for advice on this option.
Please note that this information is for general informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation and understand your legal options.