Roommate gone bad

September 24, 2008 3:31 AM

Another roommate gone bad situation. She walked out on a lease, left utilities bills behind, cleaned out the apartment and took a TV and DVR that didn't belong to her. Ugh.

My younger sister (19) rented an apartment with a girlfriend and there are still 5 months on the lease (both names are on it). The roommate recently moved in with her boyfriend and has refused to pay any more rent at the old place. My sister was stuck with the late fees ($300) on last month's rent payment and the past month's utility bills (another $200) but at least now has found another roommate who has moved in and is paying. To add more insult, the former roommate came back to the apartment when my sister was out of the state for a weekend and took a bunch of my sister's things including her flat screen TV and DVR.

With both names on the lease, I'm pretty sure nothing can be done about the old roommate moving out (this is in VA). But any ideas to recover the stolen items and the money for late fees and utilities? My sister filed a report with the police, but they really didn't do anything. Very frustrating situation... help!

posted by queue_strategy to human relations (13 comments total)

If you happen to have a friend of the family that's an attorney or even a legal secretary, have them help you draft a letter requesting the replacement cost of the DVR and TV, as well as the amount she owes in rent and utilities. Attach a copy of the police report to the letter and tell her the police are involved now as well. If Roommate fails to take care of the matters, have the letter threaten to sue her in small claims court to recoup the stolen property and the expenses incurred. Stipulate further that the Roommate has 14 days to respond in writing to the letter before further action is taken. Send it Certified Mail with return receipt. If Roommate is 19, this might scare her into taking care of her responsibilities.

You can also write your own letter. Google "write your own legal demand letter" for that.

Also, have your sister change the locks yesterday and have her name removed from the lease. Your sister needs to keep copies of all paperwork including checks where she had to make up the difference, any rental agreements made between the two, and if she has receipts or any paperwork for the TV/DVR, even better. Log all times where she communicates with Roommate, keep detailed records.
posted by jerseygirl at 3:56 AM on September 24 [2 favorites]

by her name removed from lease, I meant Roommate.
posted by jerseygirl at 3:57 AM on September 24

I was going to suggest small claims court as well.
posted by EmpressCallipygos at 4:48 AM on September 24

You need to get a better story from your sister as to exactly what the police said they would, and would not, do, and what happened if and when they did anything.

If the police really blew her off, that is completely unacceptable. These aren't roommate disputes or anonymous property crimes about which the police can do little, but are felony property crimes, including breaking and entering, with a known perpetrator.

Your sister needs to go down to the police station and speak to a supervisor. If she cannot get satisfaction from a supervisor this is a matter for her city councilperson (or local equivalent) to bring pressure down on the command level.
posted by MattD at 4:53 AM on September 24 [1 favorite]

You need to get a better story from your sister as to exactly what the police said they would, and would not, do, and what happened if and when they did anything.

I agree with this. Note: You may not be getting the whole story.

Ask your sister what proof she has that the stuff is hers (e.g., receipts).

Finally, a considerable pressure point: does your sister know the roommate's employer or school?
posted by Clyde Mnestra at 5:35 AM on September 24

took a bunch of my sister's things including her flat screen TV and DVR.
that's clear-cut theft. you have a police report? good, now get a lawyer.

both names on the lease
gooooood. again get a lawyer. you have a case, she'll have to cover the costs in the end. get on this.

watercarrier: Judge Judy?
douchebag. to quote this page: Ask MetaFilter is as useful as you make it. Please limit comments to answers or help in finding an answer. Wisecracks don't help people find answers.?
posted by krautland at 6:14 AM on September 24

If the police really blew her off, that is completely unacceptable. These aren't roommate disputes or anonymous property crimes about which the police can do little, but are felony property crimes, including breaking and entering, with a known perpetrator.

I'm not sure it's felony breaking and entering if the roommate is still on the lease and expected to pay rent. That said, it's still a crime to take someone else's stuff (obviously) so it would be worth following up with the police and small claims court.
posted by Mike1024 at 6:40 AM on September 24 [1 favorite]

You need to:

A. get the dead beat's name off of the lease.
B. Find any paperwork or agreements between the two.
C. Get a lawyer to sue the dead beat.
D. Tell the cops that she robbed you. If she is not living there anymore then she has no right to be there and take things that don't belong to her!
D2. If she claims that she has rights to be there then she has rights to pay. Use those comments against her in small claims. (please note just because a judge tells them to pay doesn't mean that they will asap. Try to get what belongs to you back. Hopefully they didn't fuck it up on purpose.) ((I really hate people that do that!!! I have heard enough horror stories to never have a roommate!))
E. Once this is all said and done.... MF that bitch straight to her face and tell her to NEVER talk to anyone in your family again!!!

God I hate worthless dead beat roommates!
posted by Mastercheddaar at 7:08 AM on September 24

I don't know if it will be worth the time, money and effort, but I would highly recommend getting lawyered up, or at least getting a free consultation with one to explore your alternatives.
And DEFINITELY get the locks changed so that nothing else goes missing.
posted by willmize at 8:01 AM on September 24

Get the locks changed to prevent another visit.

The 'perp' does have rights to be in the dwelling, she's on the lease- regardless of how late she is on rent and utilities. Be careful about approaching the landlord about tenancy changes- especially if rent has been in arrears.

Visit the police station and file a complaint. Your sister will need a record of doing this. The TV and DVD were stolen, a theft is a theft. Your sister can prove ownership?

Not worth suing over a TV and DVD. It would cost too much and she probably doesn't have any money anyway.

Good luck.
posted by mattoxic at 8:07 AM on September 24

If your sister is in college, it might be worth checking out the school's student legal aid department if they have one. My state school has a fantastic department and helped me through some landlord issues, all for free.

Good luck, it's a very frustrating situation.
posted by wocka wocka wocka at 9:02 AM on September 24

I had something similar happen and the only thing that worked was having the landlord (he was supportive with the "left behind" roommates) threaten to report her and ding her credit badly.

Hit selfish people where they live.
posted by availablelight at 10:49 AM on September 24

If she is on the lease, do not change the locks, as she still has the right to enter the apartment. Changing the locks opens your sister up to liability. Get her removed from the lease and then change the locks. Until then, your sister should remove all valuables from the apartment.
posted by dirtynumbangelboy at 11:01 AM on September 24