ot: rooomate (kinda budget related)

[flying_babyb]

How long do I wait for her to come back before I consider her truley gone? My roomate got pissy today and was a real jerk and decided she was going home to mommy (they have issues) for the weekend and MAY NOT come back. How long before I talk to the landlord and get stuff in order for her breaking the leese?

 

[Lisa loves Pooh]

tough one!

If she is on the lease, she is responsible for the rent. Should she not make her rent on August 1st....

I'd consider that her to be breaking the lease.

But I am not into contracts or the rental market, so not sure what your legal rights are in regards to the lease. (Though Judge Judy would be giving her a spanking about now. )


Good luck--maybe some of our legal experts can chime in. (you may want to post on the CB)

 

[Brenda in CA]

Does she still have her belongings there, or did she take them all with her?

 

[Mono~rail]

I knew I recognized your user id!

Did you move in with the friend that you wrote about in this thread? roommate help
That "contract" that you wrote up in post #24 on page 2 is a hum dinger of a doozy!

 

[salal]

I think that you are still responsible for the lease, even when a roomate walks away. Did you both sign it?

 

[The Mystery Machine]

I knew I recognized your user id!

Did you move in with the friend that you wrote about in this thread? roommate help
That "contract" that you wrote up in post #24 on page 2 is a hum dinger of a doozy!

Yea, so I guess you didn't listen to us and went ahead with it....

Doesn't matter "how long she is gone"....she is under contract with the landlord right?

 

[sk!mom]

I wouldn't think that you could consider her gone until she misses her next rent payment.

 

[mickeyfan2]

I knew I recognized your user id!

Did you move in with the friend that you wrote about in this thread? roommate help
That "contract" that you wrote up in post #24 on page 2 is a hum dinger of a doozy!

I remember that contract.

 

[ExPirateShopGirl]

She's your roommate, not your child. Until she fails to fulfill her end of the contract (meaning she misses a payment) you can do nothing. It makes no difference if she's staying in the apartment at the moment or not.

Now, go live your own life.

 

[azgal81]

That contract was awesome!

You can't do anything about it until she misses a rent payment. I wouldn't worry about it.

 

[kaw1218]

I'm making my husband sign that contract, with a few minor revisions

 

[bumbershoot]

I personally would be checking with the landlord now. Because if you can't afford this place on your own, you'll be needing to find a new place. I know that in my roommate situations, if someone moved out, the lease was re-done, and if one person can't qualify for it on their own, OUT they go!

It was that situation (though a very calm "I can't afford this place that I almost FORCED you to move in to, so I'm moving out next month, sorry" sort of conversation, NOT an argument) that caused me to have my now-DH move in with me, which ALMOST led to the end of OUR relationship! (I wasn't ready to live with him, but wasn't willing to break my lease and get a bad rental history, and all of my friends and acquaintances had solid places to live)

So check now, to see if you'll be able to qualify on your own, or to get someone who can qualify lined up to move in if needed...(and be prepared to pay another background check fee), or to find a new place that you can afford on your own.


I mean really, I have had LOTS of roommates, and we had many arguments or testy conversations, but I NEVER wondered if a roomie was going to come back or not, based on ONE argument...sounds like this person was an interesting person to choose to live with!

 

[dimimi]

In your contract it says the roommate who leaves has 30 days to notify the landlord.

If you are really friends, let her cool off a few days and try to work it out. BUT, don't renew the lease. I realize everyone needs to agree on things before moving in together, but that contract was odd. I am curious to hear how it was working out before she left yesterday? Did the contract seem to work?

 

[Mono~rail]

How long before I talk to the landlord and get stuff in order for her breaking the leese?

(1) What are you planning to "talk" to the landlord about?

(2) Your roommate hasn't broken the lease.

 

[janey99]

Gee, I hope she didn't engage in illegal drug use - you have a clause terminating your agreement in such case with no survival of any of the financial obligations clauses!

I'm sure you also know that what binds you to the landlord is your agreement with HIM - whatever is provided for in the agreement you signed with your "friend" will have to be enforced by you later (probably in small claims court) after your landlord acts against whichever party to the lease he feels like - if your lease has a joint and several clause, he can go after whichever party he feels is the better risk for all the amounts outstanding, and it will be up to you to later enforce your agreement with the room mate to try to recover "half" back.

 

[Toby'sFriend]

well - it is July 15th and I assume she made her share of the July payment?

If so, she hasn't broken the lease yet. She will not be breaking the least until the August payment is past due at the latest.

I guess at best you need to wait for the "may not" to turn into a "did not."

 

[ducklite]

As long as she continues to pay her share of the rent and utilities, it's really none of your business where she chooses to sleep at night, or whether she ever steps foot in the apartment again except to clear out her things.

In every place I've ever lived, if both tenants were named on the lease, both were equally and severably responsible for the rent. If one chose not to pay their share, the other was liable for both shares, and the only recourse would be for the paying roommate to take the non-paying party to small claims court after paying the landlord. That would be between you and the other tenant, it's not the landlords problem.

If I were a landlord and one of my tenants came to me to say they couldn't pay the rent because the roommate had moved out, I'd give them a three day notice then begin eviction proceedings. I'd also make sure I got a civil judgement against both parties for the full amount of rent for the remainder of the lease term. And the security deposit would also be mine to keep. The law would be on the landlords side in every jurisdiction that I'm aware of.

Anne

 

[flying_babyb]

Yea, so I guess you didn't listen to us and went ahead with it....

Doesn't matter "how long she is gone"....she is under contract with the landlord right?

Thanks so much for being rude. NO Thats not who I moved in with. I actully moved in with my step cousin. Thanks for assuming. I trust my cousin alot and we never used that contract. She came back but things are ummm tough here.

 

[ExPirateShopGirl]

Thanks so much for being rude. NO Thats not who I moved in with. I actully moved in with my step cousin. Thanks for assuming. I trust my cousin alot and we never used that contract. She came back but things are ummm tough here.

Don't worry about your roommate... just take care of yourself and things won't be so tough.