roommate not paying rent...

I have a roommate that signed a 12 month lease with me that extends through march. He basically does not stay hear anymore and it is like pulling teeth to get his half of the rent. I live in NJ. I want to know if I can just pay my half of our rent and not be liable in court if he doesn't pay his half? Late charges as well? I pay by personal check and would have proof of my payment each month. What can I do?

If you two are on the same lease, you probably are separately and jointly liable for all obligations under the lease. (This is standard on most leases.) This means if the roommate doesn't pay, you need to. The LL is entitled to the full amount of rent and will probably evict if rent is not paid in full. You cannot just pay your half since each of you are responsible for all the costs. Pay the rent in full to the LL. If the roommate moves out, you still need to pay the full rent. If rent is not paid in full, late fees will apply and you will be liable for those as well.

What you can do is to sue your roommate in small claims court to get him to pay you whatever portions of the rent and any utilities that he owes. If he fails to pay, file suit against him.

I have signed a lease to rent a house with three other roommates. We all looked at the homes available, found one we liked, and then all four of us signed a lease. However, one of the members has backed out refusing to move in and pay the rent. The lease actually says that he only loses the security deposit for backing out. However, the rest of us are still responsible for the $900 per month lease which is now not so affordable for the rest of us. I know I can sue in small claims court but will I actually have a case? His portion of the rent would be $225 per month.

Thanks.

Depends on the state how much you could sue him for. He would be responsible at least until you re-rent his room. In some states, he would be responsible for the entire lease amount and you would have no requirement to re-rent. However, try to rent his room as soon as possible to re-coop your costs. Then sue him for what you lost since he backed out. If he signed the lease, he should be held to pay his share and advertising costs.