What do you do when your roommate stops paying rent?

landlord · February 2010

I really hope your landlord won't take you to housing court for the rest of the rent. If she does then its just as bad as having a bankruptcy on your record.

Whenever you will apply for an apartment the new landlord will see in big bold letters that you were in housing court due to a previous dispute with a previous landlord (housing court records show up whenever a landlord does a credit/background check).

In such a case it will be very hard for you to find an apartment.

Even if a judge rules in your favor you will find many landlords unsympathetic.

modsquad · February 2010

landlord wrote:
Even if a judge rules in your favor you will find many landlords unsympathetic.

A class action suit brought several years ago,
WHITE AND JACKSON-DANIELS, ET AL. V. FIRST ADVANTAGE SAFERENT, INC., CIVIL CASE NO. 04 CV 1611 required upon settlement that the companies will include the outcomes of the cases. Perhaps more importantly, the company will expunge a case from a screening report if a judge determined that a landlord’s case had no merit or if a landlord agreed that a case was brought by mistake.
Previous to the ruling any mention of your name in court records would create a problem for you. It's a good idea to avoid LL/Tenant court but if you stand a good chance of winning then you will suffer no blacklisting.
The best advice for anybody who finds themselves bogged down in continuances and whatnot is to settle with your LL. He'll feel the same way after several months of litigation. Make sure the case is dismissed and not discontinued. Big difference, dismissed is gone forever, and unreported, discontinued remains in limbo and reported.

modsquad · February 2010

the following are the scumbags that sniff through housing court records. They, like the big 3 credit reporting agencies are required by law to give you any info they have on you.

American Lawyer Media (ALM)
345 Park Avenue South, New York, NY 10010

American Tenant Screening (ATS)
525 West Chester Pike, Suite 104, Havertown, PA 19083

First Advantage SafeRent
14405 W. Colfax Avenue #305, Lakewood, CO 80401

LexisNexis Risk & Information Analytics Group
1900 NW Expressway, Suite 1600, Oklahoma City, OK 73118

National Data Retrieval, Inc.
322 Maxwell Road, Alpharetta, GA 30004

National Tenant Network, Inc.
Post Office Box 1667, Greenwich, CT 06830

On-Site Manager, Inc.
P.O. Box 1514, Los Altos, CA 94023

TransUnion Rental Screening Solutions
5889 S. Greenwood Plaza Boulevard, Suite 201, Greenwood Village, CO 80111

spark · February 2010

I think I'd go begging around for loans before I let this go to court--but I still refuse to accept that this is completely my responsibility. No one I know has cash to spare right now. Somehow, maybe I can get the jerk to sell some of his stuff if he doesn't come up with the cash as promised.

Apparently the possibility of eviction hasn't even crossed his mind! I guess because the LL let it go so long? I don't know... I could be overreacting? And I won't know, until the three of us get together to talk.

Anyway, thanks modsquad for the info--REALLY hope I don't have to use it.

modsquad · February 2010

Worse case scenario spark. You and your roommate agree to vacate the apartment March 1st (or whenever) with a one page agreement with LL that null and voids your current lease. That agreement is worth something to her. The LL gets legal possession immediately and avoids going to court for a non payment action. That action if it was uncontested by you guys would take 2 months anyway, tell her that. She can't legally rerent the apartment until your tenancy is resolved (or dissolved in this case). Without a case or decision in Housing Court there is nothing reported to the credit bureaus.

drano · March 2010

Flexichick wrote: 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.

^^^Correct answer. Stop being a chump, and stop worrying about this incompetent, irresponsible boob. Who knows, maybe a few weeks of street livin' is just the wakeup call he needs.

What do you do when your roommate stops paying rent?

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