at 1st was willing to leave but now refuses. i wrote a letter asking her to be out in 7 days reguarding the fact that she hasn't paid any utilities or rent in two months. we are both on the lease but im not going to get stuck paying for her half at the end. please help!
2007-02-15 09:58:05 · 8 answers · asked by Jessie 1 in Business & Finance ➔ Renting & Real Estate
at 1st was willing to leave but now refuses. i wrote a letter asking her to be out in 7 days reguarding the fact that she hasn't paid any utilities that are in my name only or rent in two months. we are both on the lease but im not going to get stuck paying for her half at the end. The lease is in both our names equally and the landlord said if she doesnt pay i am responsible in the end. we fight everyday and there is no way i can live with her. i have found another roommate who will pay me rent and take over her half of the lease. please help
2007-02-15 10:48:49 · update #1
Assuming your lease establishes joint and several liability, as most in my experience do, your landlord really can't help you with your roommate issues. Since you're getting stuck with all the bills, your best bet might be to sue your roommate for her portion of the expenses, provided you can prove (the landlord might be able to help you out here) that YOU'VE been the one paying all the bills.
Because your roommate is a party to the lease same as you, she has equal standing with regard to a right of possession of the property and so on. You cannot issue a notice to vacate to her or take other action regarding her right to occupy the property - which is where getting a money judgment might be a reasonable recourse. Maybe it will shock her into recognizing she needs to take care of business.
Good luck!
2007-02-15 18:41:47 · answer #1 · answered by njc_flhtc 4 · 0⤊ 0⤋
It really depends on the contract you have. One of my friends had an issue like this, but in the contract (because they were used to dealing with bum students), it stated that whoever signed the lease was responsible for paying 1/3 of the rent. If they didn't pay they were evicted and would be held accountable for the funds until they were replaced in the house.... if they were replaced. Look over your contract carefully. See if there is an odd clause as such. Look and see if there is a primary and secondary signer as well. If everything is in your name, with her name as the secondary or dependent, in most areas you have the right to evict her. Either way you will be stuck paying full rent. Talk to your landlord and see if he can help you out in anyway.
2007-02-15 10:25:15 · answer #2 · answered by bpbjess 5 · 0⤊ 0⤋
Chances are you are jointly and severly liable which means that if she doesn't pay, the landlord can hold you personally responsible for all of it, her responsible for all of it, or both responsible for it jointly. If you can get her out, you'll want to get her signed off of the lease so she has no rights to the property (ie "I'm locked out" and the property owner will assist her).
I say try talking to property manager/owner and see if you can just reason with her to go. Then you'd need to get a new roomate.
DO NOT FILE A RESTRAINING ORDER AGAINST HER!!! DO NOT WASTE THE COURT'S TIME WITH A LIE, IT'S WRONG, AND IT'S A CRIME!
2007-02-15 10:36:04 · answer #3 · answered by Trouble's Mama 5 · 0⤊ 0⤋
is the contract several, joint or joint and several? if the contract is several then when u pay your part you dont have to worry when your roomate doesnt pay their half u wont have to pay it and you wont get kicked out. if it's joint or joint and several thats when you have to worry because your both liable when one of you doesnt pay their half. the landlord can sue both of u for upaid rent. with joint and several it is at the discretion of the landlord wether they wanted to sue just the person who didnt pay or both of you. my solution is to get on your roomate harder about paying the rent. it affects both of you when either of you dont pay. tell them they better pay their half, u could try talking to the landlord about it and see what they will do. in the future my best advice is to get an apartment alone that way you only have yourself to worry about or if you do have a roommate make sure the contract says several that way you wont be liable for some one else.
2007-02-15 10:14:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Tell your landlord that you have bother getting the rent from your roommate and you don't want to pay there half any more as you need your own money for your expenses If your landlord has any heart they will let you pay your half and deal with your roommate it will be easier for your landlord to kick them out
2007-02-15 10:10:23 · answer #5 · answered by kittiebann 3 · 2⤊ 1⤋
It all depends on who is the primary responsible person. If it's you, go talk to the person that owns the place and get some advise from them. They will help you through this.
2007-02-15 10:10:50 · answer #6 · answered by George 4 · 0⤊ 0⤋
I'm afraid you are stuck. You need to deal with her personally and try to get her out. You might try phoning her family to see if they would help pay what she was supposed to and to get her out.
2007-02-15 10:07:28 · answer #7 · answered by Neeraj 1 · 0⤊ 0⤋
Get a Restraining order.. then u can have just ur roomate evicted.
2007-02-15 10:11:54 · answer #8 · answered by Neo 2 · 0⤊ 2⤋