The new forums will be named Coin Return (based on the most recent vote)! You can check on the status and timeline of the transition to the new forums here.
The Guiding Principles and New Rules document is now in effect.

Roommate left 20 days into lease

EliteLamerEliteLamer __BANNED USERS regular
edited June 2010 in Help / Advice Forum
We had a couple that broke up and they were on the lease seperate,. The girl moved out and is not paying now.. She owes us 2170 for the rest of the year.. How do me and my other roommate get our money?

SEGA
p561852.jpg
EliteLamer on
«1

Posts

  • LoveIsUnityLoveIsUnity Registered User regular
    edited June 2010
    What steps have you taken towards getting the money? Depending on where you live, the laws will likely be different governing what type of steps you can (and should) take, but I think it's generally true that the monthly rent still needs to get paid regardless of where it comes from. This may mean that you have to take a loss while you are attempting to recoup the money you've spent paying for someone who has moved out and is refusing to pay rent.

    That said, you need to speak to the person who moved out ASAP in order to get your money. If they outright refuse to pay, you can likely take them to court to get the money you are owed. However, do not fall behind on your rent as a result of this because it will complicate everything.

    LoveIsUnity on
    steam_sig.png
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited June 2010
    Small claims court i imagine. or just find a subletter if that's allowed.

    be prepared to take the hit on the rent as the above poster says. being on the lease means you all are on the hook for the entire amount. if one doesn't pay, the others have to pick up the slack or risk eviction.

    Dr. Frenchenstein on
  • RobmanRobman Registered User regular
    edited June 2010
    Sue

    That's pretty much what the courts are there for, it's a clear breach of contract. Although, since she's signed the lease it should actually be the landlord who hunts her down and kills her.

    Robman on
  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited June 2010
    Small claims court i imagine. or just find a subletter if that's allowed.

    Deebaser on
  • adytumadytum The Inevitable Rise And FallRegistered User regular
    edited June 2010
    Then decide which of you is going to share bunk beds with the subletter.

    I suggest you flip a coin.

    adytum on
  • VisionOfClarityVisionOfClarity Registered User regular
    edited June 2010
    In most places you have to attempt to minimize your damages by finding a new roomie. You can't just say fuck it and sue her.

    VisionOfClarity on
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited June 2010
    i doubt a judge would award you her portion of a full year's rent however. Her portion of vacating the lease early (whatever penalties are in your contract), most likely, maybe a little more even. but probably not 2 G's.

    Dr. Frenchenstein on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited June 2010
    In most places you have to attempt to minimize your damages by finding a new roomie. You can't just say fuck it and sue her.

    We can't its only 3 rooms with 4 roomates in the lease.

    EliteLamer on
    SEGA
    p561852.jpg
  • VisionOfClarityVisionOfClarity Registered User regular
    edited June 2010
    EliteLamer wrote: »
    In most places you have to attempt to minimize your damages by finding a new roomie. You can't just say fuck it and sue her.

    We can't its only 3 rooms with 4 roomates in the lease.

    Yes, you can, the issue isn't that you can't since clearly you are legally able to have 4 people on the lease. The new issue is that none of you want to share a room, but that's an entirely different thing from not being able to.

    VisionOfClarity on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited June 2010
    We shouldn't have to share a room because someone left.

    EliteLamer on
    SEGA
    p561852.jpg
  • AldoAldo Hippo Hooray Registered User regular
    edited June 2010
    EliteLamer wrote: »
    We shouldn't have to share a room because someone left.
    I believe The Law does not care who was sleeping with who. You had 4 people on the lease so - for the law - 4 people could live in that home.

    Aldo on
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited June 2010
    Life aint fair.

    This will not end the way you want it to, i'm pretty sure. I'm betting a judge would say, at best: break the lease and she is to pay for the early out penalty OR suck it up and split it three ways with a new lease.

    Dr. Frenchenstein on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited June 2010
    So I can just walk out on the lease too and last one standing pays for everything..

    EliteLamer on
    SEGA
    p561852.jpg
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited June 2010
    no, each person on the lease is liable. more than likely for equal portions unless it states otherwise in the lease (it probably doesn't). if landlord sues/evicts, you all get in trouble, even her.

    Dr. Frenchenstein on
  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited June 2010
    EliteLamer wrote: »
    We shouldn't have to share a room because someone left.

    Then divide the remaining portion among the three of you. 2000 split three ways for five months is pretty trivial. You're all likely equally and severely liable.

    Deebaser on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited June 2010
    Re: Girlfriend Won't Pay Rent - Her Name is on Lease
    You have to prove she agreed to pay the rent, when she moved out, and either that you are forbidden from bringing in a replacement roommate or that your reasonable efforts failed. If you do find a replacement roommate, that reduces your damages from that point forward by whatever amount the roommate pays in rent. Then, assuming you recover damages, you have to try to recover the judgment from her.

    No way we can find a roommate to share a room. No one will do it..

    EliteLamer on
    SEGA
    p561852.jpg
  • bowenbowen Sup? Registered User regular
    edited June 2010
    Personally, you're probably not going to find someone that will share the room. So while the law wants you to minimize damages, realistically it'll never happen.

    You can probably get them to small claims court, but, since they were a couple, they'll probably ask the boyfriend to assume her share. But really, since you're now down a roommate, is it really a chore to make everyone pay an extra $60 a month on the lease?

    Unless you guys are college students on a fixed income, I doubt this is any big thing.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • EliteLamerEliteLamer __BANNED USERS regular
    edited June 2010
    Deebaser wrote: »
    EliteLamer wrote: »
    We shouldn't have to share a room because someone left.

    Then divide the remaining portion among the three of you. 2000 split three ways for five months is pretty trivial.

    Just because the money is trivial to you doesn't mean 2000/3 is not alot of money to us.

    EliteLamer on
    SEGA
    p561852.jpg
  • VisionOfClarityVisionOfClarity Registered User regular
    edited June 2010
    EliteLamer wrote: »
    Re: Girlfriend Won't Pay Rent - Her Name is on Lease
    You have to prove she agreed to pay the rent, when she moved out, and either that you are forbidden from bringing in a replacement roommate or that your reasonable efforts failed. If you do find a replacement roommate, that reduces your damages from that point forward by whatever amount the roommate pays in rent. Then, assuming you recover damages, you have to try to recover the judgment from her.

    No way we can find a roommate to share a room. No one will do it..

    None of you want to do it but you are obligated to try and minimize your damages. You moved in with a couple sharing a room, you knew this kind of thing could happen and now you're going to have to deal with it. If you try for 5 months and are actively showing the apartment and no one wants it the judge will look favourably on that. But if you don't try or don't show anyone the place the judge is going to want to know why you didn't even attempt to and 'We didn't want to' or 'We didn't think it would work' isn't going to cut it.

    VisionOfClarity on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited June 2010
    bowen wrote: »
    Personally, you're probably not going to find someone that will share the room. So while the law wants you to minimize damages, realistically it'll never happen.

    You can probably get them to small claims court, but, since they were a couple, they'll probably ask the boyfriend to assume her share. But really, since you're now down a roommate, is it really a chore to make everyone pay an extra $60 a month on the lease?

    Unless you guys are college students on a fixed income, I doubt this is any big thing.

    Yes we are college students.. My roommate said he already had to increase his hours at work to pick up the slack on power/cable and extra rent.

    EliteLamer on
    SEGA
    p561852.jpg
  • SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    edited June 2010
    Sue her in small claims court then.

    Six on
    can you feel the struggle within?
  • bowenbowen Sup? Registered User regular
    edited June 2010
    I guess, welcome to the real world and the shitty problem with dealing with roommates. Hard to beat $200 a month for rent.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited June 2010
    How did you split up the rent, evenly 4 ways? or by room?

    if you did it by room, bachelor #1 needs to pick up the slack.

    4 ways...your rent is 790/month for a 3 bedroom? good god. you should be praising the lord and paying whatever it takes to keep the place. (unless it's a dump)

    Dr. Frenchenstein on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited June 2010
    EliteLamer wrote: »
    Re: Girlfriend Won't Pay Rent - Her Name is on Lease
    You have to prove she agreed to pay the rent, when she moved out, and either that you are forbidden from bringing in a replacement roommate or that your reasonable efforts failed. If you do find a replacement roommate, that reduces your damages from that point forward by whatever amount the roommate pays in rent. Then, assuming you recover damages, you have to try to recover the judgment from her.

    No way we can find a roommate to share a room. No one will do it..

    None of you want to do it but you are obligated to try and minimize your damages. You moved in with a couple sharing a room, you knew this kind of thing could happen and now you're going to have to deal with it. If you try for 5 months and are actively showing the apartment and no one wants it the judge will look favourably on that. But if you don't try or don't show anyone the place the judge is going to want to know why you didn't even attempt to and 'We didn't want to' or 'We didn't think it would work' isn't going to cut it.

    I don't get why the lease means nothing. I mean thats what is going on she walked out on the lease and there is pretty much no legal action anyone can take. Why have a lease?

    EliteLamer on
    SEGA
    p561852.jpg
  • EliteLamerEliteLamer __BANNED USERS regular
    edited June 2010
    How did you split up the rent, evenly 4 ways? or by room?

    if you did it by room, bachelor #1 needs to pick up the slack.

    4 ways...your rent is 790/month for a 3 bedroom? good god. you should be praising the lord and paying whatever it takes to keep the place. (unless it's a dump)

    We split it 4 ways and not by per room.

    Well we had to repaint the place to get rid of the smell, 2 fans don't work, 2 rooms don't have outlets working, you have to unplug the oven everytime you are done using it or it wont turn off..

    Has tons of problems but isn't that bad I suppose.. Home sweet home.

    EliteLamer on
    SEGA
    p561852.jpg
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited June 2010
    the lease is between you 4 and the landlord, not between the 5 of you.

    ah college housing.

    Dr. Frenchenstein on
  • AldoAldo Hippo Hooray Registered User regular
    edited June 2010
    EliteLamer wrote: »
    I don't get why the lease means nothing. I mean thats what is going on she walked out on the lease and there is pretty much no legal action anyone can take. Why have a lease?
    There is legal action you can take, that's what everyone's been telling you. It just requires you to first try and find a 4th person, for some annoying reason.

    Aldo on
  • VisionOfClarityVisionOfClarity Registered User regular
    edited June 2010
    EliteLamer wrote: »
    EliteLamer wrote: »
    Re: Girlfriend Won't Pay Rent - Her Name is on Lease
    You have to prove she agreed to pay the rent, when she moved out, and either that you are forbidden from bringing in a replacement roommate or that your reasonable efforts failed. If you do find a replacement roommate, that reduces your damages from that point forward by whatever amount the roommate pays in rent. Then, assuming you recover damages, you have to try to recover the judgment from her.

    No way we can find a roommate to share a room. No one will do it..

    None of you want to do it but you are obligated to try and minimize your damages. You moved in with a couple sharing a room, you knew this kind of thing could happen and now you're going to have to deal with it. If you try for 5 months and are actively showing the apartment and no one wants it the judge will look favourably on that. But if you don't try or don't show anyone the place the judge is going to want to know why you didn't even attempt to and 'We didn't want to' or 'We didn't think it would work' isn't going to cut it.

    I don't get why the lease means nothing. I mean thats what is going on she walked out on the lease and there is pretty much no legal action anyone can take. Why have a lease?

    You can sue her but if you don't try to minimize your damages than you won't get anything. This is how the law works, you have to try to minimize your damages. If you attempt to minimize your damages and it fails then the judge may award you the whole amount (unlikely, you'll most likely get part) but if you don't do anything then the judge is going to want to know why since you have a responsibility to do so.

    VisionOfClarity on
  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited June 2010
    EliteLamer wrote: »
    Deebaser wrote: »
    EliteLamer wrote: »
    We shouldn't have to share a room because someone left.

    Then divide the remaining portion among the three of you. 2000 split three ways for five months is pretty trivial.

    Just because the money is trivial to you doesn't mean 2000/3 is not alot of money to us.

    Then take on another person and two guys will have to share a room... beggars can't be choosers.

    If you walk away from the lease, best case scenario you're fucking over the other two people and they figure out a way to manage without you.

    Worst case scenario, the entire lease collapses and the landlord gets a judgement against you which will hurt your credit score and hamstring your efforts to get an apartment in the future from any landlord or management company that does a background check.

    The girl you can take to small claims and depending on the local law you may win, but that's still no guarantee you'll actually see any money any time soon.

    Deebaser on
  • EliteLamerEliteLamer __BANNED USERS regular
    edited June 2010
    Well I guess we are screwed. :(

    EliteLamer on
    SEGA
    p561852.jpg
  • KyouguKyougu Registered User regular
    edited June 2010
    How did you split up the rent, evenly 4 ways? or by room?

    if you did it by room, bachelor #1 needs to pick up the slack.

    4 ways...your rent is 790/month for a 3 bedroom? good god. you should be praising the lord and paying whatever it takes to keep the place. (unless it's a dump)

    Was just about to come in to say this.

    Kyougu on
  • bowenbowen Sup? Registered User regular
    edited June 2010
    You and one of the two roommates share a room, find another person (easy) or find a new place to live or talk to the landlord (easy). The landlord may be accommodating.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited June 2010

    4 ways...your rent is 790/month for a 3 bedroom? good god. you should be praising the lord and paying whatever it takes to keep the place. (unless it's a dump)

    Holy fucksticks... even if it IS a dump, that's pretty goddamn amazing. Dumps you can fix up.

    Deebaser on
  • bowenbowen Sup? Registered User regular
    edited June 2010
    Also, on the topic of your stove, what kind of wall socket is it, 230 or 125?

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • The Crowing OneThe Crowing One Registered User regular
    edited June 2010
    EliteLamer wrote: »
    Well I guess we are screwed. :(

    You're not screwed.

    Here's my suggestion from a number of years that I did housing for a private college: Go see your rep in Residential Life or Student Affairs. Explain the situation and state that you need to resolve this and you'd like their assistance.

    Because you're all students, the school has a (perceived) responsibility in this. It is in their best interest to help you come to a conclusion through some form of mediation, conversation or even (long-shot) school judicial action.

    As this person was on the lease, they are on the hook for rent. Now, getting to the point where they actually pay can be a long wait, but I'd honestly talk to someone at the school. They don't like it when their students end up in a court register, even small-claims.

    The Crowing One on
    3rddocbottom.jpg
  • KalkinoKalkino Buttons Londres Registered User regular
    edited June 2010
    EliteLamer wrote: »
    Well I guess we are screwed. :(

    So I take it that you've talked to the landlord to see if they will do anything and you are also pretty sure the ex room-mate is going to refuse to give you anything?

    On that latter note, if she has cut you off you could try asking a local law centre (if you have one) or something like that (tenant support group?) to write you a nasty letter demanding compensation on their letterhead. Sometimes that works and it would be a lot less effort than going to court.

    Kalkino on
    Freedom for the Northern Isles!
  • ThanatosThanatos Registered User regular
    edited June 2010
    You were charging her and her boyfriend 50% of the rent even though they were only using 33% of the house?

    I'd say you weren't getting screwed. But yes, you could take her to small claims court, and maybe get some money out of it.

    Thanatos on
  • badpoetbadpoet Registered User regular
    edited June 2010
    Obviously people gave you advice on recouping the money from her. I would add that were I your friend, I would offer to pick up her share/have the roommate, since it's partially my fault I was in that situation.

    badpoet on
  • NotYouNotYou Registered User regular
    edited June 2010
    The lease exists for the landlord's protection, not to protect you guys from each other. That's why the landlord isn't going to go after the one person who skipped out. If you need the money, take her to small claims court. However, a nicely worded letter from a lawyer might do the trick with far less effort.

    NotYou on
  • noir_bloodnoir_blood Registered User regular
    edited June 2010
    badpoet wrote: »
    Obviously people gave you advice on recouping the money from her. I would add that were I your friend, I would offer to pick up her share/have the roommate, since it's partially my fault I was in that situation.

    Not to get too off tangent, but fuck that.

    We don't know what the couple situation was like. For all we know, the guy caught the chick cheating. If that happened to me, and then my friend/roommate asked for more money, I'd be pissed.

    I mean, like others have said, everyone signed on knowing what the deal was. Now, I don't think anyone is blaming Elite, and I at least can recognize it majorly sucks and if I was in Elite's shoes, I would like to take that girl to court and make sure to fuck her over, but that ain't going to happen.

    noir_blood on
Sign In or Register to comment.