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Roommate he-said she-said results in us being short a quarter of the rent. Help!

malapropist — Tue, 04 Nov 2008 11:30:28 -0800

My roommate wants me to find someone to take her part of the rent, arguing that the people who took over my part of the rent really took over her part. She is threatening to simply not pay. We have one month (Nov) left on the lease. Her name, as well as mine and two other roommates' are on the lease. If she went ahead and didn't pay, how badly would this affect my credit? It's a long, boring, story but here it is:

Up until yesterday I was sharing a 2 bedroom apartment with three other people: I shared one room with Nader, while Obama and Biden shared the other. All four of us are on the lease, which will be up at the end of this month, November.

About two weeks ago, our neighbors were evicted, a couple named McCain and Palin. Nader invited them to stay in our dining room until they found somewhere to live. Right around this time I decided to move out. At first I talked to McCain and Palin about taking over my portion of the rent, but they were tight with money and couldn't commit to anything. So I posted a craigslist ad, but didn't get any luck with someone moving in.

A few days after I started talking about replacing myself and moving out, Nader starts talking about moving into a vacancy in a neighbor's apartment, which would be cheaper than the share she paid with us. She talked to McCain and Palin about taking over her portion of the rent, and for about the last week things have been very vague. They weren't sure if McCain and Palin would take over the whole room that I and Nader share, or if McCain/Palin were going to take over Nader's portion, or if McCain and Palin were going to move upstairs with Nader.

Finally, on maybe Saturday or Sunday, Nader told me that she was going to have McCain and Palin take over her part of the rent, but it was already the 1st or 2nd of the month, and rent is late on the 4th. I wasn't having any luck getting out of the place, and Nader, McCain and Palin hadn't gotten their share of the rent in, so I approached McCain on the 2nd about moving into my half of the room.

He told me he could get me the rent money if I was willing to pay for it and let him pay me back. I was pretty desperate and the rent was only 325, so I went ahead and made a money order (the only way our complex accepts rent) and gave it to Obama, who handles the rent. He gave me 50 on the spot, promising another 100 yesterday and the rest on Friday. I went ahead and wrote up this arrangement in plain English, with both of our names on it, and had him sign it. At the time, I thought I should do this in case he didn't make with the rent money, I wanted to have a paper record.

The next day, the 3rd, yesterday, he shows up with all of the rest of the rent money. He hands it to me, and I start packing. But Nader also starts packing. In fact, she moves all her stuff upstairs to the neighbor's house. By the time I'm ready to leave, she realizes that McCain and Palin are not taking over her portion of the rent, but mine. She gets really pissed off at me and won't talk to me.

Later on in the night, after I had left, she calls me and our conversation soon turns into yelling. She claims that this is my responsibility and that I had better find someone to replace her and in the meantime I need to pay the rent so there is no late fee (because remember the rent is late as of the 4th, today), and that if the fourth portion of the rent (which I argue is her portion) is not ready to be paid, then I should pay the late fee ($50) as well. I told her that I had everything in writing, it was my name on my portion of the rent, and there was a written agreement between me and McCain/Palin.

Nader is threatening to leave the rent hanging, and talking to the management company they make no distinction between my, Nader's, Obama's or Biden's rent, they just want it all in, including the $50 now.

Like I said, all four of our names are on the lease, including Nader's, because even if McCain and Palin had taken over her rent, it was unofficial, they're just subletting and Nader's name is still on the lease. Of course, that is still true of me. And I don't want to get fucked.

Now, I can't tell if Nader would be willing to just filch on the rent if her name is on the lease, but if she did, what would be the repercussions? Would this screw up my credit? I can't really tell from google searches.

I do have a few more people on craigslist inquiring about the half-room that is available, but in case they continue passing on the place I'm really worried.

Short summary: one month left on the lease, I and someone who is unwilling to pay but still staying in the apartment complex (right up the stairs in fact) are both on the lease, what legal obligations and repercussions are there if I simply say, "I got someone to pay my part of the rent, and this is not my problem any longer"?

This is in southern California, by the way. Thanks.

PS: As I was writing this Obama called me and told me that non-payment of rent will result in a dark stain on our credit forever and a bill of $500 due on each of us on top of the rent we owe. Must be in the lease. Sound legit? I really don't know with these people.

I Want my Roommate GONE!

TurquoiseZebra — Wed, 18 Jun 2008 12:53:52 -0800

I want my roommate GONE. We have no formal, signed agreement, all verbal. What do I do? What are my rights? I'm in Arizona. At the end of January, a girl (20 years old) I know moved in with me (29 year old female), into the condo that I own. We're more casual acquaintances rather than friends, but our parents are friends. We agreed on a rent amount, but I had her sign nothing. Dumb, I know. Anyway, in the 5 months since, she has never once paid me rent on time or in full. She has borrowed money from me and I have paid for many trips to the grocery store, dinner, etc.

She has a decent paying job and has received her stimulus check, which she told me she'd give me when she received to pay for back rent but didn't.

She moved in with me because her parents couldn't deal with her problems and issues, and wanted her gone. Now, she's gone nuts. She has a long history of really crazy, erratic behavior. I don't want to go into it, but all of that isn't really why I want her out.

I want her out because she still owes me half of last month's rent and all of this month's rent. On the 13th, I told her that her living with me wasn't going to work out and that I'd like her gone by the end of the month.

She hasn't spent the night at the house since I told her this, and she's still coming by and getting clothes, but all of her things are still there.

I want to change the locks and alarm code ASAP. I'd let her in the house, but only when I'm there. I don't know that she'd do something to my house or steal anything, but who knows...

I know from some volunteer experience with the police department that she's established residency (or whatever it's called) in my home, so I'm thinking that I may have to go through the normal eviction process.

I don't know if the normal tenant/landlord laws apply here since we have nothing in writing, I live in the house with her, etc.

What do I do?

Oh! Also! I have had NO contact with her since I asked her to move out. This morning, I sent her an email reminding her that rent was due, in full, next week. She responded threatening legal action. It actually made me laugh. I am not one bit worried or scared that she'll take action. Conversely, I DO have a lawyer and CAN take legal action. There's almost nothing I'd like better than to sic my lawyer on her, but I'll try to play nice...

Do I have to pay my roommate's debt?

Anonymous — Tue, 10 Jun 2008 16:06:38 -0800

I'm in a financial pickle due to a bad choice of roommates two years ago. What are my options? Two years ago, I moved in with a girl during my divorce. I was put on the lease as an "addendum" and while I lived in her apartment, I paid 100% of the bills. About a week after I moved out (before her lease was up), she skipped out on the lease. Stupidly, when I turned in my key, remote and parking pass, I asked for a copy of the lease with my name stricken from it and was told that it wasn't necessary... the office woman assured me that I didn't need it and they would strike the addendum from the lease. I walked out not realizing that this girl was planning on moving out, but she did... and left owing almost three thousand dollars. How, I don't know, because I paid EVERYTHING when I stayed there.

For the past year and a half, I have been receiving notices from the creditor who purchased the debt. I spoke with someone recently and tried to explain my situation... unfortunately, the divorce coupled with an IRS audit has cost me over $30,000 and I am more or less penniless. The last thing I can afford now is to pay for someone stupid and irresponsible's mistake.

Unfortunately, the credit company has had no luck getting this girl to pay. She apparently has no bank account, no assets to seize, and refuses to work out a payment plan for the debt. I consulted a lawyer and was told that at some point, the credit company has the right to put a lien on my home to recover the debt. Apparently, this can be done without going to court and without notifying me... and will be horrible for my credit. What options do I have? I cannot pay the debt. I have sold everything of value I own, down to my shoes and clothing. Every penny I have goes to my house payment. It's all I have left. I have accrued almost five thousand dollars in credit card debt just buying groceries and so forth so I cannot put this debt on a credit card... it's maxed out.

Can I negotiate some kind of "settlement payment" with the credit company without a lawyer? I have already tried going directly to the apartment complex people, who told me I was "in collusion" because we left during the same 30-day period. They will not give me a copy of the lease, or the addendum. I cannot afford a lawyer. I have been told I can try going to the Texas Tenants Union, since I'm in Texas, but they probably won't be able to do much.

Has anyone else been in this situation? If so, how did you handle it? I'm worried that before I know it, they will put the lien on my home, and then I won't be able to sell it if I have to. Things are very touch-and-go financially for me, so I would prefer to avoid the lien.

Another person told me that my best option would be to settle the debt directly with the credit company and then take the former roommate to small claims court; how can I do that if I have to charge my groceries as it is? Wouldn't I have to pay a lawyer for that, too?

If anyone would like to respond off-site with ideas or suggestions, please email roommatetrauma@gmail.com. As stated, I am in Texas, if that helps.

horrible evil roommate from hell

genmonster — Mon, 24 Sep 2007 15:50:05 -0800

horrible roommate filter: can she evict me? she can't- right? long story short; my housemate and i don't get along. since we're medical students together, i didn't want things to get too ugly. i found a new place, and we agreed that i would use the deposit i gave her as last month's rent. a week later, she says she 'changed her mind' and wants another month's rent in addition to the deposit. when i asked how i would be sure to get my deposit back, she threatened to have the locks changed while i'm on away rotation for a few weeks. she's the only one on the lease and i didn't sighn anything. she can't get the locks changed on a property that she's renting- can she? what on earth should i do ?
some things i've thought of so far:
1. call the landlord
2. enlist the help of the other housemates who aren't on the lease either
3. check into mediation/the ombudsperson(sp??) at school

anything else, at all, would greatly be appreciated

How do I get my money back from my ex-roommate?

thefinned1 — Thu, 01 Dec 2005 19:17:22 -0800

How do I get my money back from my ex-roommate? I just finished a one year lease with a roommate who never paid any of his share of the utilities. I asked for them every month but never got any of money out of him. Since I could afford it I paid both my share and his. The last month he didn't pay his share of the rent, and in the interest of keeping my rental history clean I had to pay it. Over the course of the year he ended up owing me $1,300.

I always wanted my money but now that I am out of the apartment I really want my money.

I have sent 2 or 3 letters to him, outlining what he owes me and when I want the money. The deadline for him to pay me was just the other day and surprise, surprise I didn't get my dough.

Initially I had planned on taking him to small claims court but though a mutual friend I found out that he (my ex-roomie) filed for bankruptcy on the last day before the law was changed.

So what are my choices?

Can I still take him to small claims court despite his bankruptcy?

Can I take him to bankruptcy court?

Should I hire a lawyer?

Cut my losses?

Are there other options?