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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?
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.
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.
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
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Deebaseron my way to work in a suit and a tieAhhhh...come on fucking guyRegistered Userregular
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.
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.
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.
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
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Deebaseron my way to work in a suit and a tieAhhhh...come on fucking guyRegistered Userregular
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.
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..
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
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.
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
0
SixCaches Tweets in the mainframe cyberhexRegistered Userregular
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)
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?
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.
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.
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
0
Deebaseron my way to work in a suit and a tieAhhhh...come on fucking guyRegistered Userregular
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.
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)
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
0
Deebaseron my way to work in a suit and a tieAhhhh...come on fucking guyRegistered Userregular
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.
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.
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.
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.
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.
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.
Posts
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.
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.
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.
I suggest you flip a coin.
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.
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.
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.
No way we can find a roommate to share a room. No one will do it..
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.
Just because the money is trivial to you doesn't mean 2000/3 is not alot of money to us.
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.
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.
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)
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?
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.
ah college housing.
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.
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.
Was just about to come in to say this.
Holy fucksticks... even if it IS a dump, that's pretty goddamn amazing. Dumps you can fix up.
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.
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.
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.
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.