My roomate will not leave or sign off of the lease, so I'm thinkin I'll just not pay the rent. I know I'll have to go to court and pay it anyway, but at least I'll be out of the lease!! What say you good people on the internet?
2006-08-08 08:36:41 · 9 answers · asked by laskid2k2 2 in Politics & Government ➔ Law & Ethics
From a police Officer in Ohio, first I would recommend you do NOT just allow the apt. take you to court. It will become a big hassle to you and potentially go on your credit report for unpaid rent.
I would try to resolve this with your roommate fist. Ask yourself why do you want your roommate to leave? Is it money? Problem with a lover? or something else? When you answered this for yourself. Then talk to your roommate in a calm but a firm way. Explain in detail the problem you have and why you want her/him out. Explain that they are not wanted. Offer possible solutions on where they could go to live. Set a timetable for them leaving.(be reasonable with the time table) Listen to what your roommate has to say(even though you may not want to, must people want to be heard and vent) This is what I recommend to people when I have a call to a situation like this and it usually works to get most people out.
If you need to play hardball, remember to have all documentation of any written or verbal agreements on rent or anything else with the apt. I would recommend from now on tape recording all conversation with your roommate. Do not tell him/her. In all states and DC except Virginia it is Legal to tape record as long as one person of the conversation knows it is being taped. It is extremely valuable if you need to go to court./management
If the roommate is on the lease or not, you may wish to file an eviction through a "housing court" most likely the management will not do this because as long as they are getting the money and nothing is being destroyed or multiple disturbances they don’t care. Make sure you have written or a stated a verbal contact you may have had in the case of money(or admission from tape recordings. (civil matter only) If not money, lets say property damaging or other violent behavior, call the police and have them make a report, If it is a lover's problem or just cant stand being with person this will be more difficult to get the person evicted, esp. if they are on lease with you. In that case you could cite your reasons(if reasonable) and the court may agree for the roommate to pay you off and leave. In any case they would have at least 30 days if an eviction is granted unless the person becomes violent. Good luck
2006-08-08 09:50:02 · answer #1 · answered by McOff.80 2 · 1⤊ 1⤋
First, I would contact the management and inform them about the situation. Let them know that you're Doing the Right thing and, please , do pay your half of the lease (UNLESS Your roommate's Name is NOT only lease, in that case unfortunately you would have to suck it up, I'll continue below in this matter).
So the Management can contact their attorney and take over this matter... this Should NOT be a problem for You Alone. The Apartment Management should back you up as long as you both sign the lease and agreed to split the rent.
Review your lease, make a photo-copy and read the fine print and high light the importance one the copy. Underline where your roommate sign and Initialed (which determined what your roommated had originally agreed but is failing to do). Keep it for your record and show it to an attorney and ask for opinion (usually is free consultation unless you ask them to do further actions).
Again, You need to double check your lease... in some occasion your roommate might be smart enough NOT to sign it without you knowing... And if your Roommate's Name is NOT on the Lease, we have a little more to go... calling the cop is useless because you once permit your roommate to stay.... You need to go to the City Hall and asked for opinion from a Sheriff or call Police and ask them what to do... Usually the court can issue and order for the Police to evict your Roommate INSTEAD of you. But legally, police are NOT allowed to just kick your roommate out as long as your Roommate once had your permission to stay in that apartment. Again, you need to present them a documentation stating the exact situation and they usually would issue the police a court order for your roommate to leave immediately.
Email me if any question, I have experience this before. I my case, My roommate was NOT only lease and he refused to pay the splitted rent.
I hope it helps!
So this would be some legal process between, but it should take no more than a couple days (in Florida); in order
2006-08-08 09:08:46 · answer #2 · answered by whatisthis 3 · 0⤊ 0⤋
If you get evicted, it may be very hard for you to rent another apartment in your name. The best thing to do is talk with the landlord and let them know the situation with the roommate. You are lawfully able to vacate an apartment if conditions are unlivable whether its neglected repairs or problems with roommates. But this rule isn't easy to stand behind in court because most people don't document and keep dates on when the problems start and for how long they've been going on. So talk with the landlord and see if they can offer you another apartment or pay an extra month and let you out of the lease. But don't let yourself get evicted.
2006-08-08 09:32:06 · answer #3 · answered by styymy_2000 4 · 0⤊ 0⤋
Was the "variety" accepted and signed through the owner? If now not, it is a authorized judgment, seeing that become aware of might were despatched on your "final identified cope with" and your title is at the hire. If the owner published you from the apartment contract in writing, you'll be able to ask the Court to problem a Judgment Release It's main to notice that the Judgment used to be further on your credit score file while the Credit company did a seek, now not through the Court sending a replica to the credit score companies. If down the street you acquire a unlock from the Court - be certain your social safety quantity is at the record and FILE it with the general public documents workplace on your county instantly, then the following time a seek is finished to your title, the discharge will seem. It shall be a well timed procedure however valued at it.
2016-08-28 10:46:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you're going to pay off your lease, go to the manager and make arrangements to leave and pay. If you just wait to be evicted, the amount will be turned over to collections and it may be more with court costs added on. If it is turned over to collections, it will ruin your credit.
2006-08-08 08:42:19 · answer #5 · answered by MEL T 7 · 0⤊ 0⤋
You're really between a rock and a hard place because he or she has just as much right to be there as you do so you can lease out your half instead and remove your name from the lease.
2006-08-08 08:47:39 · answer #6 · answered by Mrs. Butler ♥2 B♥ 5 · 0⤊ 0⤋
Bad idea, your landlord may report to the credit agencies. Take your roommate to court, but keep paying your rent you do not want your credit to be messed up.
2006-08-08 08:41:09 · answer #7 · answered by evillyn 6 · 1⤊ 1⤋
Legally, it will not only end up on your credit, but if you go to try and buy a house or car or any financing later on it will keep you from getting it. It'll place a "judgement" on your name and is an absolute nightmare to have it taken off.
2006-08-08 08:49:11 · answer #8 · answered by tarynlavender 2 · 0⤊ 0⤋
play loud music and have parties if they kick you out then it's their problem.. Works every time!!! trust me.
If you stop paying they will just back charge you...
2006-08-08 08:42:41 · answer #9 · answered by ? 2 · 0⤊ 0⤋