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Beautifull | My roommate refuses to pay rent, move out and/or pay me back, both our names are on the lease...what do i do? |
my roomate and i both signed and put our names on the lease. she has not paid august month rent so i covered all the fees, utilities etc. i gave her till the 22nd to pay me back and she basicly said no. Now its...she wont pay rent, move out or pay me back...this months rent is coming up as well. what can i do?? and is there anything i can do legally to get my money from her?? |
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Redcarn
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You should be able to get the money from her since both of your names are on the lease. Ask the office people if they have any suggestions? |
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Krisbybackbacon
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If both names are on the lease than legally she has to pay her share.
unfortunately at the moment you can make things harder for yourself with your landlord if he does not receive the full rent (even though its not your fault).
If you can afford it, I would suggest paying the full months rent and get a receipt for this. I would then file a small claims court action against your friend. This will cost around £100 but if you win (and i believe you will), then she will have to pay the court cost too.
Good luck. |
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Lake Lover
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You and your roommate are co-tenants and unless the lease specifies otherwise, the two of you are "jointly and severally" responsible for the full rent. This means that the landlord is entitled to the full rent and can go after both of you or either one of you in order to collect it.
Pay the landlord by check and include with the check a brief letter explaining that you are paying the full rent and that the co-tenant has not contributed their share of the rent, but that you intend to fully satisfy the terms of your lease. Pay all utilities by check. Keep copies of your checks - print them down from the bank's internet site.
File a small claim action immediately. Depending on how fast your deadbeat roommate's tab builds up, it may soon exceed the small claims limit, which is $1,500 here, and may be different in your jurisdiction. If the deadbeat's share exceeds that, you can file additional small claims actions each month! Locally, the fee is only $15. |
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Mezuzah
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You could take her to small claims court. |
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Expert Realtor
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You can actually sue your roommate in court and the judge will order your roommate to be removed from the lease, but ONLY if you can credit-qualify for it yourself with your landlord.
Since you are not in a domestic arrangement, the judge will consider them paying 50% of all expenses, reasonable, and you can get a judgement to get some of your money back.
However, the landlord doesn't have the legal authority to remove your roommate from the lease...b/c it's a 2-way contract and you are BOTH 100% responsible as far as the lease goes.
Good for you for paying the landlord...most tenants wouldn't and you should be commended for doing so. |
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Baby Poots
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Take your case to Small Claims Court. |
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JillCherie
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Ive had the same problem ....
Option 1) Take them to civil court where you can represent yourself if you choose. Its not like a Jury or anything, you will actuallay see a mediator before you see the judge to try to work something out. If no agreement is reached then you see the judge.
Option 2) Go to your District Magistrates office and file for an eviction of your roomate. |
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elfinwalt
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you could send her to small claims Court to get your money back as for kicking her out give her an ultimatum either she pulls her weight or kick her out and search for for new roommate, there legal ways of changing a lease but it might cost you. try talking to a lawyer that gives free advice that could give you more info on the whole lease situation. |
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Ru A
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i so pity you. i can't help you if u want money legally, go see a lawyer would be my advice, or talk to the owner of the house. maybe he/she can talk to your roommate and solve things, and somehow you discuss with the owner, so you only pay up your half.
seriously, i would be stealing from her by now, or public humiliation.
but talk to her. maybe she is not paying because you did something to her. or she is broke.
still inexcusable though.
good luck |
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Tapps
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get hold of the people you have your lease with and tell them the situation get yourself out of the lease and MOVE, this person is taking for a ride and it would be cheaper for you to move out and find a better roomy..
Good luck and shame on your roommate. |
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silly girl
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Your best bet is to move, if she refuses there is nothing you can do except take her to small claims court. She doesn't have to move cause her name is on the lease. your best bet now is start a paper trail starting with the management letting them know she is not paying her share of the rent and asking if you have any recourse, if you can move out or have your name taken off the lease. Send her a letter requesting she reimburse you for the rent you paid with a copy of the rent receipt so if you go to court you have paper to back up your claims. Other than that she can sponge all she wants. If the utilities are in your name have everything shut off and go spend a couple days with friends and family, just call the companies and let them know you'll be out of town for x amount of days and have them shut off til you go back home. Hope this helps |
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Perephone
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Go to your landlord and personally hand him/her the check and tell them that your roommate refuses to pay, and ask your landlord if they can have a chat with your roommate - if they don't pay then the landlord can legally edvict your roommate. If they refuse to pastillil, you and/or youlandlordrd can inform the police and the police will edvict them by force. Or you can change the locks and throw their stuff out the window(or hide it) until they pay (my lasuggestionion is an extreme and kind of a joke, whatever works). |
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The listening ear
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yeah there is can't remember the name of it, and the procedure varies per country |
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bigjoe85
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yeah, but you would have to go to the courthouse and file a case, which will cost you money, but once you will the case you can ask the judge that she pay your court fees.
Or just call your local police department and explain to them the situation and see if they can help you out any. |
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picky
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Save all the receipts you have, to prove later that you paid for her shares also. You can go to small claim court. Talk to your landlord and you guys can give her Notice to Pay Rent or Quit (it is a form notice used to demand the rent payment that is overdue and payable). You are legally alerting the tenant with this form that you're about to begin eviction proceedings against him/her if the default is not cured within a set amount of days. Sorry for your troubles. |
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Answerer
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Um im not sure what you can legally do but if i were you i would put everything she owns out the front and change the locks. warn her first and give her a week or so to get her affairs in order and then BANG, if she hasnt pulled her self together by then throw it all out in the yard and cut your financial losses |
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