What do you do when your roommate stops paying rent?
Just need to rant a bit... We're both on the lease for the full amount, which we split evenly. Twice in the past, when my roommate couldn't come up with his half, I paid the full rent and then had to nag and plead for months to be paid back, even when he was working again and seemingly had money for other things. I know it's hard to get caught up with bills when you're out of work, so I tried to be as reasonable as I could afford to be...but suffice to say, if I could afford this apartment by myself, I wouldn't have a roommate. Being the only person who cleans, takes out the trash, buys household stuff like soap and tp, etc., makes it that much worse.
Roommate gets a job! Roommate loses job due to incompetence and fight with owners. Roommate finds another job! Roommate gets fired, don't know why exactly but so it goes for about six months. After a while, I got fed up with having to pay late fees every month on his account (along with being the domestic slave), and I started giving my rent checks to the landlord separately (when they were due). I told the roommate that the late fees were going to be on him from then on, and tried not to let the situation stress me out.
When our lease came up for renewal, I couldn't afford to move and my roommate and I agreed that we didn't want to be locked into another year-long lease with each other. I asked the landlord if we could do a month-to-month. She said it wasn't necessary, and that if either of us decided to move before the year was over all we had to do was find a suitable replacement (credit check, application ok, etc.), and she'd let us out. Great.
So my work situation improves, and I start looking around for a new place for myself. I tell the landlord, and she calls back saying she wants to talk to me and my roommate, in person. Turns out my roommate hasn't paid rent in four months, and she's holding both of us responsible for the rent owed (his half). She wouldn't tell me more over the phone, but I'm thinking she may try to evict us if we don't get current on the rent asap. She may also refuse to let me out of the lease, even if the person who would replace me pays the rent as agreed (so she just replaces one paying tenant with another, basically).
The roommate says he can pay it all back in a few weeks, but the ll isn't convinced and neither am I. The roommate's working again, but if he had even a partial payment wouldn't he have given it to her by now? He's already in the hole with his family, so it's not likely they're going to help out again so soon. I can't cover the amount due by myself, and even if I could I'd probably never get any of it back from him...which means, I'd be stuck here too for way too long.
I've never been in this situation before--either the lease was just in my name, or just a roommate was on the lease and I sublet my room from her/him. So, does anyone have any advice on how to deal with this? Do I have any rights at all, or am I screwed because the lease doesn't spell out that we each are responsible for only half the rent?
Roommate gets a job! Roommate loses job due to incompetence and fight with owners. Roommate finds another job! Roommate gets fired, don't know why exactly but so it goes for about six months. After a while, I got fed up with having to pay late fees every month on his account (along with being the domestic slave), and I started giving my rent checks to the landlord separately (when they were due). I told the roommate that the late fees were going to be on him from then on, and tried not to let the situation stress me out.
When our lease came up for renewal, I couldn't afford to move and my roommate and I agreed that we didn't want to be locked into another year-long lease with each other. I asked the landlord if we could do a month-to-month. She said it wasn't necessary, and that if either of us decided to move before the year was over all we had to do was find a suitable replacement (credit check, application ok, etc.), and she'd let us out. Great.
So my work situation improves, and I start looking around for a new place for myself. I tell the landlord, and she calls back saying she wants to talk to me and my roommate, in person. Turns out my roommate hasn't paid rent in four months, and she's holding both of us responsible for the rent owed (his half). She wouldn't tell me more over the phone, but I'm thinking she may try to evict us if we don't get current on the rent asap. She may also refuse to let me out of the lease, even if the person who would replace me pays the rent as agreed (so she just replaces one paying tenant with another, basically).
The roommate says he can pay it all back in a few weeks, but the ll isn't convinced and neither am I. The roommate's working again, but if he had even a partial payment wouldn't he have given it to her by now? He's already in the hole with his family, so it's not likely they're going to help out again so soon. I can't cover the amount due by myself, and even if I could I'd probably never get any of it back from him...which means, I'd be stuck here too for way too long.
I've never been in this situation before--either the lease was just in my name, or just a roommate was on the lease and I sublet my room from her/him. So, does anyone have any advice on how to deal with this? Do I have any rights at all, or am I screwed because the lease doesn't spell out that we each are responsible for only half the rent?
Comments
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That sucks, I'm sorry.
First, consider contacting a tenants advocacy lawyer, I think there are some organizations that help people for free.
Unfortunately, I think you are both responsible for any money due for rent on a lease you both signed. I believe this could also screw up your credit. You need to get out of this situation ASAP.
If you don't have a lease at all, you are a month to month tenant, and you can legally break the lease if you give 30 days notice in writing. If you have signed on for another year, I'm not sure.
I would try to talk to the landlord privately, to see if there is any way you and she can work something out. Keep all your communication with the landlord really nice and cooperative, and all your communication with the roommate firm. Do you have the cancelled checks / rent receipts ? If not, request check copies from your bank - If the landlord takes legal action having great records is your best defense. Notes on verbal communication, as well as copies of written communication will help too.
Good luck, I hope it all works out soon. -
Thanks for the advice, particularly about the cancelled checks--I imagine that takes some time, so I'll order them now.
We did sign on for a full year, technically, so it's my word against the landlord's about our agreement for canceling the lease. To make things worse, judging by craigslist our apartment may be overpriced compared to current rents. Subsidizing the rent just to get someone else to take my place (or his)...ugh. -
I've been through this before and unfortunately you're on the hook for the rent. Do as suggested above in terms of communication and agreements with your landlord and roommate. Avoid eviction proceedings at all costs because you don't want a judgment against you on your credit and you may need your current landlord as a reference.
Unfortunately you may have to get the rent current yourself, move out, and take your roommate to small claims court for his/her share of the rent. -
You know, evictions are really difficult and costly for the landlord...she might prefer letting you break the lease, have both you and your roommate vacate, and she can start fresh with new tenants. I would ask about that.
She'll still want the money for back rent though, which is understandable. -
get out of there asap - if you have to crash with a sympathetic friend for a month, do so.
give the landlord 30 days notice and bounce -
I can definitely see her side of things...and my roommate's too, however much of an inconsiderate a**hole he can be at times. The problem with breaking the lease completely is that then my roommate could become homeless--one can only couchsurf for so long, and he's got terrible credit and a ton of stuff here too.
My fingers are crossed that he comes up with at least most of the rent soon, as promised; I don't have to come up with his back rent AND security/first month's rent for a new place for me; and he gets to stay here, until he has the money to move or whatever. Or, he knows some kind soul who'll take him and his stuff in for a while (please please please...not me). -
Your on a month to month now right? You pay X number of dollars for your right to reside there, right? She has cashed the checks right? You're fine. The lease that expired has no legal status. She has cashed your checks therefore she tacitly approves your tenancy as is. She should not of continued cashing them if she was not satisfied with the situation. Your room mate owes the rent, but that's between the LL and him. I see no basis for the LL to sue you for rent owed.
Give her a 30 day by cert. mail and get out. -
yea, eff your roommate.
he has put you in a shitty situation and it will only get worse for you if you are not the first one out. -
Well, this is where my incompetence comes into play... We both signed a lease renewal document (for another year) stating that the landlord would not be raising the rent. I didn't insist that the landlord add info about canceling the lease, since she seemed so unconcerned about it (she lives in the building, and I thought we had a decent relationship).
Regret! -
modsquad wrote: Your on a month to month now right? You pay X number of dollars for your right to reside there, right? She has cashed the checks right? You're fine. The lease that expired has no legal status. She has cashed your checks therefore she tacitly approves your tenancy as is. She should not of continued cashing them if she was not satisfied with the situation. Your room mate owes the rent, but that's between the LL and him. I see no basis for the LL to sue you for rent owed.
That would be true if the lease had expired, but it sounds like the OP actually signed a new lease until the end of the year and was relying on the landlord's word that it would be month-to-month. If the landlord denies it and the OP has no proof, s/he is still on the hook for the rest.
Give her a 30 day by cert. mail and get out.
OP, do you know your room mate's parents, or do you have contact info for them? Your room mate sounds like he's still basically a kid. It may be time to give them a call and let them know the situation. -
spark wrote: Well, this is where my incompetence comes into play... We both signed a lease renewal document (for another year) stating that the landlord would not be raising the rent. I didn't insist that the landlord add info about canceling the lease, since she seemed so unconcerned about it (she lives in the building, and I thought we had a decent relationship).
Damn my slow typing!
Regret! -
Your roommate has shown no respect for you or your credit. It's time for you to start watching out for and protecting yourself and worrying about what happens to him. If he becomes homeless, it's his own damn fault and not your problem.
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He is exactly that--a kid who's almost 40. And to make matters worse--full disclosure: we were a happy couple when I moved in, until this (among so many other things) just got too much for me, especially after he refused to go to couples counseling. It's funny, when the Times has articles about married couples separated but living together, I relate all too well... Anyway, hence my reluctance to fuck him over too much. We've managed to cohabit well enough for the past few months, all things considering...now, this.
And I do know his family--I've met them all. That's going to be hard, going behind his back like that. Maybe I'll start with his bro... -
He obviously has NO problem fucking you over. You are not fucking him over. You are protecting him, enabling him and allowing him to fuck you over. Protect yourself and don't allow him to do any more damage to your credit and reputation. Seriously.
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Damn, Flexichick tells it like it is! (sniff )
It's okay, I know i asked for it... -
spark wrote: Damn, Flexichick tells it like it is! (sniff )
tough love, baby, tough love. I have a friend who married a guy who bankrupted himself and then before she knew it, he had bankrupted her as well. It sucks, but you really have to protect yourself because bad credit takes a LONG time to repair. His actions really show that he has NOT shown any consideration for what this is doing to you, your credit, etc. I'm not saying slash his clothing and throw it out the window, but don't let it go on any longer because it's YOUR problem now and will continue to be for a while. Do you really want to be dealing with this, especially after the love is gone and be paying off bills, applying for credit, trying to sign a new lease, etc. for YEARS and having to explain, be turned down, etc. because of his actions?
It's okay, I know i asked for it... -
Oh HELL NO. I'm hoping the landlord hasn't reported this to the credit bureaus yet--the fact that she wants to take the time to meet in person is in my favor, I think. She works in the city and is gone from the AM to late PM, so we probably won't be able to do it until the weekend...maybe by then, the jerk can come up with some dough.
That sucks about your friend, too. Hope she divorced his ass. -
Carnivore wrote:
This is true. If something was signed and something was insinuated then OP is fucked unless LL agreed to accept 1/2 rent from each tenant in the new Lease. that would be stupid on the LL's part but possible considering she has been cashing his checks. If that's the case then LL has broken the Lease also.
That would be true if the lease had expired, but it sounds like the OP actually signed a new lease until the end of the year and was relying on the landlord's word that it would be month-to-month. If the landlord denies it and the OP has no proof, s/he is still on the hook for the rest. -
Regarding credit bureaus. She can't report anything without a legal judgment against you.
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Thanks for eventually telling the entire story, Sparks. These situations encourage me to keep it simple and NOT live with my significant other. Although there tend to be agreements with expenses, it's not the same as living with a roommate because you actually have a life together.
<-------believes fat meat is greasy
I hope you figure a way out of this and keep your sanity in the process (more for his sake than yours. I'd hate to hear about someone from the nabe on Snapped). -
modsquad wrote: [quote=Carnivore]
This is true. If something was signed and something was insinuated then OP is fucked unless LL agreed to accept 1/2 rent from each tenant in the new Lease. that would be stupid on the LL's part but possible considering she has been cashing his checks. If that's the case then LL has broken the Lease also.
That would be true if the lease had expired, but it sounds like the OP actually signed a new lease until the end of the year and was relying on the landlord's word that it would be month-to-month. If the landlord denies it and the OP has no proof, s/he is still on the hook for the rest.
not sure what you mean by saying the LL may have broken the lease as well. -
Yeah, what's the saying? "Familiarity breeds contempt." Twain was a smart, smart man. Too bad he's dead.
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The landlord has cashed all my checks, even when she didn't get one for the other half along with it (so that's four partial payments she's taken now, apparently). I'll definitely bring that up when we talk.
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"turns out my roomate hasnt paid the last 4 months rent"...
So he's been lying to you, and you continue to protect him and don't want to leave him out in the cold . Seems like he'll keep taking advantage of you as long as you let him.
Good luck with whatever happens, you should point out this thread to him, maybe it will shed some light on how you feel, and if he doesn't seem concerned about your concerns, you shouldn't feel bad about him living on the streets. -
vidro3 wrote:
It's a legal technicality, but it muddies the waters. She's not abiding by the lease because she's not accepting the right rent, therefore other aspects of the lease might be suspect. I would submit to the court (or LL) that you and her entered into a verbal agreement (contrary to what the written lease says) to pay this rent and my canceled rent checks are proof of that agreement. If LL refuses to be reasonable and is huffing and puffing with suing and credit reporting then sending the LL a letter stating your understanding of your "agreement" might be enough for her to simply say bye bye. This requires a certain amount of chutzpah but if your back is up against the wall, what the hell?
not sure what you mean by saying the LL may have broken the lease as well.
I guess I'm not understanding the agreement that you each pay half? Is this in writing? -
You might also tell this bitch that by her actions or lack thereof you have been put into a precarious financial situation. She has the only legal means of compelling your asshole roommate to pay the rent yet she has done nothing for 4 months. Why she wouldn't of called you to complain is beyond me. Sort of like watching a pedestrian absently crossing the street and getting run down without saying a word.
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start eviction on your roommate. sucks its your credit score and life he is screwing with.
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Bad roommates can be hell... I would bounce and just get a studio for the time being
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I'd move March 1 if I could be guaranteed that I wouldn't have to pay rent on two places at once... Right now, just waiting for the roommate to make himself available so we can talk to the LL and get it over with. Bastard hasn't shown up two nights in a row, talk about avoiding the issue!
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I'm surprised that she waited four months to talk to you. I would have been hassling you if the rent was a day late and any amount was unpaid. The two management companies I rented from sent monthly rent bills so I would have seen if I was late or short on the rent. Unfortunately, you might need to pay off the rent and hire a broker to find a new tenant for the whole apartment and get you and your ex out of there. As long as you and he have any kind of joint finances, your credit is potentially at risk. Please get your three credit reports immediately to make sure he hasn't applied for credit in your name. He's had no conscience about stiffing you for half the rent etc., just check that his lack of conscience doesn't extend to credit card fraud.
Next time you contemplate moving in with someone, ask about their finances first, and if necessary ask them to show you their credit report. I voluntarily showed my hubby mine before we got hitched, and me his.
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