View Full Version : Roommate not paying rent... what are my rights?
nvrenough
01-21-2011, 10:32 AM
Mods: If this is in the wrong place, please move it... I figured this would be most befitting.
IA: I know there has to be someone on here with experience in this crap...
Any help is GREATLY appreciated.
I am on a lease for a condo with a friend of mine who was fired from his job a few months ago. He has not paid rent since then. I sent an email notifying my property manager of my intention to move out early and break the lease but at this point would prefer to stay.
What I'm wondering is whether or not I am LEGALLY required to pay ALL rent instead of just my half. I paid full rent for two months but stopped paying it all last month. As far as I can gather from reading online a tenant that is on a lease with other tenants can only be held responsible for their share of the lease agreement, but I can't decipher whether that is only AFTER the move out or during.
Basically it's going to cost ME the same no matter what happens, so I'd rather stay. With all of the late charges, losing my deposit for breaking the lease early, etc It's gonna cost me almost $2000 which is about the same as if I stayed through the end of the lease in July.
HELP!!!!!!!
Thanks!
Bacon
01-21-2011, 11:39 AM
Is his name on the paperwork for the apartment?
chaseamundo
01-21-2011, 11:41 AM
subscribed
nvrenough
01-21-2011, 01:14 PM
yes, we are both on the lease. according to the property manager, at least in terms of ending the lease early, we are both equally responsible, so basically I will lose my deposit AND have to pay an extra month's rent as a penalty for ending the lease early. in a nut shell, its only a matter of two months rent difference between ending it 6 months early and/or staying through till the end. it just doesn't make fiscal sense as it's like paying for two apartments for the next two months.
Bacon
01-21-2011, 02:14 PM
Want my advice? Tell the roommate to get a job or get the fuck out. Next time you decide to get an apartment with someone, you'd better be able to pay for everything yourself in case something like this happens. Bite the bullet and start paying for everything yourself.
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5speed
01-21-2011, 02:25 PM
You do have the option to have another person take over his lease. Thats how I got into a lease when I lived in Kennesaw. Just make sure the person has a stable job. And Bacon, being able to have something to fall back on isnt so easy.
Bacon
01-21-2011, 02:45 PM
You do have the option to have another person take over his lease. Thats how I got into a lease when I lived in Kennesaw. Just make sure the person has a stable job. And Bacon, being able to have something to fall back on isnt so easy.
I know it's not easy. Regardless, you should always think about the worse when getting into something like apartment or even a house with someone. You need to be able to pay for everything on your own in the event something like this happens.
5speed
01-21-2011, 03:10 PM
Was he laid off or fired? I think that should play a role in how you handle the situation.
Bacon
01-21-2011, 05:54 PM
Was he laid off or fired? I think that should play a role in how you handle the situation.
Apartment managers don't care about how the job was lost so it shouldn't play a role. The problem is money isn't coming in. OP needs to make a decision on what he has now and what can be paid or move out.
Talk to the leasing office and see about moving into a smaller apartment and take him off the lease. That way you don't have to worry about him fucking you over anymore, it doesn't fuck your credit, and you can move into a place you can afford.
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nvrenough
01-22-2011, 01:17 AM
Thanks for the replies guys.
He was fired, for stealing... EXTREMELY uncharacteristic of him, but it did happen. I have seen him three times since then. Hasnt been by in months. I know he's working and I know he's making very good money at this point, but I'm not seeing any of it.
Bacon
01-22-2011, 02:42 AM
As a last resort, you can take it to civil court for back payment to get what's owed back from him.
Blitanicle99
01-22-2011, 08:12 AM
Legally both of you are responsible. However I am sure there are ways to persuade legally to get his ass in gear.
A. Tell him that his room is now on CL for rent because he can't pay rent. Shit will get real when someone comes and talks to you at the apartment. Could shake some sense into him.
B. Got any friends that would let you crash at their place for about 2 weeks? If so, turn the power off, the gas off, everything for about 2-3 weeks and stay with a friend. Again, wake up call. He's either gonna pay or freeze to death.
No other legal ideas as of now, but I'm sure I'll think of something.
quickdodgeŽ
01-22-2011, 10:44 AM
If so, turn the power off, the gas off, everything for about 2-3 weeks and stay with a friend. Again, wake up call. He's either gonna pay or freeze to death.
That would be a costly idea. When the dude goes back, he'll have to pay reactivation fees. Later, QD.
BanginJimmy
01-22-2011, 11:26 AM
I have seen him three times since then. Hasnt been by in months. I know he's working and I know he's making very good money at this point, but I'm not seeing any of it.
Whether he is there or not doesnt matter because he is on the lease. Take him to small claims court for his portion of back rent, future rent and utilities. You can also add in court costs and you will win easily. If you do go after future rent and utilities you cannot kick him out or have the lease changed though. Which brings up additional issues. Do you really want to live with someone you ha to take to court? Do you want him to have access to your belongings?
My opinion, take him to court for back rent and utilities plus any court costs and any costs associated with either changing or breaking the lease. If you can still afford the condo, you can have his name removed from the lease. If you cannot afford the condo alone, then you can break the lease and find a new place.
quickdodgeŽ
01-22-2011, 11:43 AM
Do you really want to live with someone you ha to take to court? Do you want him to have access to your belongings?
Personal retribution. No sir. Later, QD.
nreggie454
01-22-2011, 12:07 PM
I went through the same thing last year, and it was hell. It sucked because my other roommate and I couldn't cover his portion of the lease, so we had weekly calls from the property manager and our cable was cut off (it was in his name). The worst part was that his dad is a hotshot businessman in Atlanta and probably makes a month's rent in an hour. However, he didn't pay up for his son to "teach him a lesson," which, of course, he never learned because his dad had to bail him out at the end of the lease because we were threatening to take him to court.
-S Double C-
01-23-2011, 11:16 AM
beat his ass and throw his shit on the porch
BanginJimmy
01-23-2011, 12:06 PM
beat his ass and throw his shit on the porch
That sounds like a great idea
Did you come up with it all by yourself?
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Bacon
01-23-2011, 08:11 PM
beat his ass and throw his shit on the porch
Then you go to jail for assault and then get hit with fines by the leasing office for having a cluttered porch ( I actually got a warning for having a cluttered back deck. )
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