Roomate unexpectedly leaving! what do I do?

Viscountalpha

Seems one of my roommates told me he is moving out and today is his last day. He is taking the table (which was another persons item before I moved in) and all of his shit. He isn't paying his side of the rent this month and is going to make me eat it. I've got a few more minutes before I need to go see the apartment manager here.

He is here right now. and I'm not really pissed but disappointed that he told me today and it looks like he is going to make me eat his part of the rent.

Chanus

If he's on the lease, he probably is required to give at least 30 days notice... meaning he would be liable for this month's rent.

Edit: Actually, if he's on the lease, he's liable through its end, most likely.

Viscountalpha

Yes, he is on the lease.

Chanus

Talk to your landlord, and explain the situation.

If he's bailing on you and saddling you with his portion of the rent, he's pretty clearly in the wrong.

musanman

The proper response is: See ya later, I'll expect a check for your commitment or we can meet again in court.

There is zero reason he can make you eat any of his rent, and the fact he is trying to makes it clear he doesn't give a fuck about you so don't even feel bad about taking him to court.

Doc

Assuming everyone is on the lease, you are probably jointly and severally liable for rent, which means that even if he takes off, you are still on the hook for the entire rent bill when it's due.

What are the terms of the lease he is trying to get out of? If he signed a year-long lease or something, then he's going to be on the hook for rent until you find someone acceptable to replace him. At the very least (if the lease is month-to-month, for example), he's liable for this month's rent. Sounds like you might have to take him to court over it, though.

Viscountalpha

Doc wrote: »

Assuming everyone is on the lease, you are probably jointly and severally liable for rent, which means that even if he takes off, you are still on the hook for the entire rent bill when it's due.

What are the terms of the lease he is trying to get out of? If he signed a year-long lease or something, then he's going to be on the hook for rent until you find someone acceptable to replace him. At the very least (if the lease is month-to-month, for example), he's liable for this month's rent. Sounds like you might have to take him to court over it, though.

Yes, It's a year long lease. Oh I will speak to the apartment manager as soon as they come back.

Chanus

Doc wrote: »

Assuming everyone is on the lease, you are probably jointly and severally liable for rent, which means that even if he takes off, you are still on the hook for the entire rent bill when it's due.

This. I didn't mean to imply you wouldn't be liable for his part of the rent. You are, so if you don't want to be screwed, you'll need to get it from him... and by the sounds of it, that will require at least letting him know you're willing to go to court over it.

Edit: Also, weight the cost-benefit of having to hire a lawyer if he's dumb enough to think he can win the case.

Viscountalpha

I spoke to the apartment manager, apparantly since I have another person on switching out on the lease. It seems like quite a mess. I will warn him about impending litigation though.

Doc

Viscountalpha wrote: »

Doc wrote: »

Assuming everyone is on the lease, you are probably jointly and severally liable for rent, which means that even if he takes off, you are still on the hook for the entire rent bill when it's due.

What are the terms of the lease he is trying to get out of? If he signed a year-long lease or something, then he's going to be on the hook for rent until you find someone acceptable to replace him. At the very least (if the lease is month-to-month, for example), he's liable for this month's rent. Sounds like you might have to take him to court over it, though.

Yes, It's a year long lease. Oh I will speak to the apartment manager as soon as they come back.

How many more months remain on the lease?

Doc

Viscountalpha wrote: »

I spoke to the apartment manager, apparantly since I have another person on switching out on the lease. It seems like quite a mess. I will warn him about impending litigation though.

what does "I have another person" mean?

tsmvengy

Also why is he taking something (table) that isn't his?

RiemannLives

Depending on how many months are left on the lease (and thus how much money this guy would owe you for paying his share every month for the rest of the lease) you might (probably?) can use small-claims court.

So don't let this guy off the hook because of the expense and difficulty of obtaining a lawyer. While that is always the safer rout this sounds like such a clear cut case (he is on a written lease and is just up and leaving) you can always fall back on small claims and get your money on your own.

Don't try and tell yourself going after him would not be worth the time or hassle.

Chanus

RiemannLives wrote: »

Don't try and tell yourself going after him would not be worth the time or hassle.

I was simply suggesting he consider it. I do believe taking the guy to court to get the money (because you wont see it otherwise) is the right decision. If the other guy hires a lawyer, even an "open and shut" case can be weaseled apart.

Viscountalpha

tsmvengy wrote: »

Also why is he taking something (table) that isn't his?

He claims the previous person let him have it. It may be true but its not as critical as say 275$ in rent + utilities owed. I'm still pissed but the fact that I won't have to deal with his smoking or leeching off of my food anymore will be a sigh of relief.

Thanks everyone so far. I'm certain I will get through this.

PracticalProblemSolver

Doc wrote: »

If he signed a year-long lease or something, then he's going to be on the hook for rent until HE finds someone acceptable to replace him.

fixed. you don't have to do anything.

Doc

PracticalProblemSolver wrote: »

Doc wrote: »

If he signed a year-long lease or something, then he's going to be on the hook for rent until HE finds someone acceptable to replace him.

fixed. you don't have to do anything.

In practice, it's good to start looking. The longer this goes on, the more of a pain in the ass recovering the ever-increasing amount of cash is going to be. Even if you get a judgment in your favor he might simply not have the money to pay you for several months of back rent. Him getting fucked financially doesn't help you pay next month's rent.

VisionOfClarity

PracticalProblemSolver wrote: »

Doc wrote: »

If he signed a year-long lease or something, then he's going to be on the hook for rent until HE finds someone acceptable to replace him.

fixed. you don't have to do anything.

Actually you're required to mitigate your damages, hence you do have to look for someone new.

Preacher

VisionOfClarity wrote: »

PracticalProblemSolver wrote: »

Doc wrote: »

If he signed a year-long lease or something, then he's going to be on the hook for rent until HE finds someone acceptable to replace him.

fixed. you don't have to do anything.

Actually you're required to mitigate your damages, hence you do have to look for someone new.

Yeah but its easier to prove he bailed on the lease than it is for him to prove you didn't successfully look for a new person to take it over.

Having recently gotten fucked with regards to a lease he's liable for up to 6 years for his share. Still doesn't help you pay it now, but be aware it the responsibility doesn't go away when the lease is up. Also be sure that its a true yearly lease and isn't considered a month to month thing, because month to month he's only responsible for this months.

Robos A Go Go

1.) When does your lease end?

2.) Did you two give your landlord rent for the final month when you signed the lease?

If there's enough time left on the lease to justify bringing in a replacement roommate and the answer to the second question is "Yes", then all you need to do is pay $275 now and ask your new roommate to fork over $275 directly to you for final month's rent.

Provided you have an extra few hundred in the bank and can find a new roommate in a month, you'll be in the clear without having to deal with the inconsiderate scumbug again.

VisionOfClarity

Preacher wrote: »

VisionOfClarity wrote: »

PracticalProblemSolver wrote: »

Doc wrote: »

If he signed a year-long lease or something, then he's going to be on the hook for rent until HE finds someone acceptable to replace him.

fixed. you don't have to do anything.

Actually you're required to mitigate your damages, hence you do have to look for someone new.

Yeah but its easier to prove he bailed on the lease than it is for him to prove you didn't successfully look for a new person to take it over.

The OP would have to prove he attempted to mitigate his damages by placing ads, showing the apartment, etc when making his claim.

Preacher

VisionOfClarity wrote: »

The OP would have to prove he attempted to mitigate his damages by placing ads, showing the apartment, etc when making his claim.

If it went to court, and it would depend on the jurisdiction, judge, etc. You have to try and mitigate the damage, but if the OP is of limited means as it is, it wouldn't be difficult to say he didn't have the funds nor the notice to properly find a replacement and paying the extra rent was a hardship on top of that.

It's a weaker defense to say "Well yeah I left him in a shit situation, but he didn't do enough to mitigate it with his limited funds your honor."

VisionOfClarity

Preacher wrote: »

VisionOfClarity wrote: »

The OP would have to prove he attempted to mitigate his damages by placing ads, showing the apartment, etc when making his claim.

If it went to court, and it would depend on the jurisdiction, judge, etc. You have to try and mitigate the damage, but if the OP is of limited means as it is, it wouldn't be difficult to say he didn't have the funds nor the notice to properly find a replacement and paying the extra rent was a hardship on top of that.

It's a weaker defense to say "Well yeah I left him in a shit situation, but he didn't do enough to mitigate it with his limited funds your honor."

It doesn't matter, he's required by law to mitigate his damages by trying to find a replacement roomie. Not doing so means whatever he attempts to recover from the former roomie will be lessened as a result. It's basic contract law. If the OP doesn't attempt to find a new roomie in anyway then the former roomie won't be held liable for all damages incurred by the OP. Especially since things such as the cost of placing an ad for a replacement roomie can be recovered.

Thanatos

Yes, you're required to help find a new roommate, but really, right at this moment, the legal minutiae of roommate-hunting are the least of the OPs problems.

This is a completely dick move on your roommate's part. Yeah, you can recover from his deposit, or by garnishing his wages, but a small claims verdict isn't worth anything if the person doesn't have any assets. You don't need a lawyer, and it will cost him more in legal fees to get a lawyer to get him out of paying rent than just paying the goddamn rent would cost him, so I doubt he'll go that direction.

Viscountalpha

Just to clarify, Its a 3 bedroom apartment each room is 275$+ utilities. One roommate was planning on moving out and another person is moving in. The second roommate unexpectedly leaves today. So, I'm hurrying to find someone else to replace his spot and recoup what I can.


thanks everyone though. I do appreciate the support.

Trinis

Did you ever talk to your apartment manager or landlord? I had a roommate pull this on me, but he went to the landlord and told him that all of us had agreed to let him off the lease in exchange for forfeit of his damage deposit. The landlord took him at his word and changed the lease, which was probably illegal without our permission, but he was a good guy so we didn't pursue the matter.

What I'm saying is make sure you talk to one or both before your roommate gets a chance to.

Viscountalpha

Oh yea, but this guy has to go through paperwork to get this all worked out so he is kind of stuck in that sense. I'll throw the fear of small claims judgment at him if he doesn't pay up.

*Edit*

I just heard back from a prospect that seems reliable. Finding someone on short notice would be truly awesome.

tsmvengy

Viscountalpha wrote: »

Oh yea, but this guy has to go through paperwork to get this all worked out so he is kind of stuck in that sense. I'll throw the fear of small claims judgment at him if he doesn't pay up.

*Edit*

I just heard back from a prospect that seems reliable. Finding someone on short notice would be truly awesome.

It's the beginning of the month, so I assume the jackass who's leaving paid for July already?

Pooped In Your Sock

u shud tell him how it is i meen u rlly cant do taht 2 a frend it seems rlly shity of 1 2 do

on other hand u r stupid 4 letting him wok out u shud beet him up

Viscountalpha

tsmvengy wrote: »

Viscountalpha wrote: »

Oh yea, but this guy has to go through paperwork to get this all worked out so he is kind of stuck in that sense. I'll throw the fear of small claims judgment at him if he doesn't pay up.

*Edit*

I just heard back from a prospect that seems reliable. Finding someone on short notice would be truly awesome.

It's the beginning of the month, so I assume the jackass who's leaving paid for July already?

Nope. And didn't pay any of the utilities. Its enough to go see a small claims court about.