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.

Simple Written Agreement

DVGDVG No. 1 Honor StudentNether Institute, Evil AcademyRegistered User regular
edited February 2009 in Help / Advice Forum
I'm sure many of you recall my recent roommate woes.

In any case, the good news is she's moving out. She proposed to me that she pay half of her share of February's Rent, and her full share of January's Utility payments already made by me, and she and her stuff will be out by the 13th. She said she would have me that amount by tomorrow afternoon. I agreed to these terms.

The ensuing several days have had a lot of my mother and her father bitching at each other for leverage on this deal we made between us, presumably because he is the one who will in the end be paying, since she has no way of independently supporting herself. He has become convinced that I haven't been forthcoming with the utility bills and am trying to screw her over (which to me is interesting since she is the one who made the proposal). She has apologized for his behavior and seems to just want the whole mess to be over with as much as I do.

So, as far as I know, they are paying me the amount agreed upon tomorrow, and I'd like to write up a written agreement stating, essentially, that this payment absolves her of her rent responsibility for the remaining two months of the lease, and also absolves me of any further hassles from them.

I'm thinking something like the following
This agreement made on February 4th, 2009 is a contract between:
[Me]
[Her]
co-tenants at [place]
managed by [lease company]

I understand that I am entering into a legally binding agreement.

This agreement states that with a final payment of $375.31 paid to [Me] on February 4th, 2009 fairly absolves all debts, including rent, utilities and fees, between [me] and [her]. Further Rent and Utility Payments will be made in their entirety by [Me] with no further financial responsibility to [her]. Further, both parties agree that all issues have been resolved in good faith, in a mutually beneficial way, and agree that no further action need be taken of any sort.

[She] will continue to have access to the common apartment areas and utilities until February 14th, by which time [She] will surrender her door key, mail key and gate pass to [Me]. agree to allow [Her] access to to the apartment on a day of her choosing between March 24th and March 26th for her to verify the apartment has been appropriately cleaned and allow her to make any repairs she may deem necessary.

Finally, both parties agree to be mutually liable for any damages as assessed by the lease company, in accordance with the original lease contract.

[Sign] [Date]
[Sign] [Date]

How does that look?

Diablo 3 - DVG#1857
DVG on

Posts

  • SpamSpam Registered User regular
    edited February 2009
    Aye, looks fine to me - hopefully someone will give you an expert opinion, coz I certainly ain't a lawyer or owt, but I'd think something like that should hold up ok in a small claims court if anything went sour.

    I'd suggest adding a section at the bottom which you can both sign and date when she makes the final payment as well. And make sure you have 2 copies of the aggreement - one for her and one for you.

    Spam on
  • RUNN1NGMANRUNN1NGMAN Registered User regular
    edited February 2009
    If I read this right, in return for her moving out early you are agreeing to pay her share of the rent, correct? Looks like a valid contract to me.

    Only problem is that I assume that her name is on the lease, correct? So there may be property rights that conflict, and I have no idea how that all works out. If she decided to come back (who knows why) could you really keep her out? As a leasee, do you have the right to unilaterally change the terms of the lease (which is what you are doing, since the lease says she can live there in return for paying rent to the leasor). I doubt you'll have a problem, but it's something you want to think about. Maybe your landlord is willing to draft up a new lease for you to sign with just your name on it?

    RUNN1NGMAN on
  • DVGDVG No. 1 Honor Student Nether Institute, Evil AcademyRegistered User regular
    edited February 2009
    I am around 98% sure that will never happen, if for nothing else the time frame being so breif that her moving out and then back in just to move out again is extremely unlikely. We both have agreed this is the best thing, and it's only her dad that seems to want to stir shit up

    DVG on
    Diablo 3 - DVG#1857
  • xa52xa52 Registered User regular
    edited February 2009
    You may need to remind him that she stole checks from you, and committed check fraud, and isn't currently in jail, and then maybe he will shut his fucking cake hole and pay for his failure to raise a child to not do stupid shit.

    xa52 on
    camo_sig2.png
  • -Phil--Phil- Registered User regular
    edited February 2009
    Maybe get a notary to witness the signing and notarize the document?

    -Phil- on
    [SIGPIC][/SIGPIC]
  • tech_huntertech_hunter More SeattleRegistered User regular
    edited February 2009
    The contract looks good. Doing the extra copies is a good idea but the notary may not be necessary. Any signed agreement will usually hold up in a small claims court. If you live in the US and you put her on the lease, Most apartments will let you remove that person from the lease as well

    tech_hunter on
    Sig to mucho Grande!
  • CoJoeTheLawyerCoJoeTheLawyer Registered User regular
    edited February 2009
    What you typed up should hold up in front of a Magistrate if push comes to shove on this matter, and otherwise looks acceptable. Just make sure to include everything that you agreed upon in the writing.

    CoJoeTheLawyer on

    CoJoe.png
  • mtsmts Dr. Robot King Registered User regular
    edited February 2009
    you could also have a witness sign it rather than get a notary.

    are you concerned with deposits etc?

    mts on
    camo_sig.png
Sign In or Register to comment.