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    weird_teeth's Avatar
    weird_teeth Posts: 2, Reputation: 1
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    #1

    Jan 14, 2009, 02:58 AM
    Eviction Because of Roommate
    I have a roommate in an two bedroom apartment with both of our names in a one year contrace lease.

    We were good for the first three months until some issues came up. We weren't getting along anymore.

    Come this month (which is the 7th month), after we got the bill for the rent, he left me a note saying that both of us have to talk to the apartment manager or else he will not pay his share of the rent. We both went to the meeting and he said that he wanted to move out. The manager asked me if I wanted to just get a new roommate, and I said no. The manager gave us options, whether to pay the break lease, skip (which means get out of the apartment but still pay the monthly rent until the lease is over) or transfer (one moves out and will be out of the lease while the other one transfer to a one room apartment under the same place).

    He decided to transfer, and I would be the one moving out. Without any hesitations, I agreed with it, and the manager made us sign this form for vacating. Unless the manager signs, the paper will not be valid. So I told the manager to give me two weeks to move out. I left the office, and the manager still talked to my roommate about the new apartment and the fees that we will be paying.

    Upon getting back from the apartment, my roommate told me that the months rent will just be half the month since I only asked for two weeks before I vacate. We should still pay right away, since we were due anyway and I did not want to pay late fees, so I was asking for his share. He said that there had been changes, which I don't have any idea about.

    I talked to the manager the day after and told she me that my roommate extended from two weeks to a whole month to stay in our apartment, and told me that now, we have to pay the whole month's rent and it was already due.

    Still my roommate doesn't want to give his share, until the day that I was moving out of the unit, he still does not want to pay. I talked to the manager about it, but the will not take partial payments from me. We already got three day notice or quit. In short, none of us paid the rent (because I didn't think it was fair for me to pay the whole thing - I stayed less than the two weeks that I was asking for)

    So I was out, and my roommate still lives in the apartment. I called the manager and said that she already sent out an eviction notice for my roommate, because he hasn't communicated with them at all to fix the problem.

    Now that there is eviction, even if I am out of the house, I am still a part of it. The thing is that I think I am the only one being responsible for all of this things that he caused. The manager advised me to just sue my roommate, but I don't know if I should do it once the eviction starts or after the eviction when we are requested by the court or attorney or whoever to pay what we would owe the apartment.

    I hope I get answers with this. Thanks.:confused:
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 14, 2009, 07:29 AM

    If you are both on the lease you are both responsible for any and all charges - if that is your question. The landlord can and will collect from whichever one of you he/she can. Then that person will have to sue the other roommate for his/her half. It doesn't matter who caused the charges - as long as your name is on the lease you are responsible (and I believe you're still on the lease).

    Was that your question?
    weird_teeth's Avatar
    weird_teeth Posts: 2, Reputation: 1
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    #3

    Jan 17, 2009, 02:23 AM

    So should I just pay everything they would bill us and then sue my roommate? Because the thing is, my roommate doesn't seem to want to leave the unit.

    And if I ever pay this eviction thing, which I think will be $3000++, will my name be cleared on the eviction list and will my credit not be affected?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 17, 2009, 06:34 AM
    Quote Originally Posted by weird_teeth View Post
    so should i just pay everything they would bill us and then sue my roommate? because the thing is, my roommate doesnt seem to want to leave the unit.

    and if i ever pay this eviction thing, which i think will be $3000++, will my name be cleared on the eviction list and will my credit not be affected?


    From what you have posted you are jointly responsible for expenses under the lease. If the lease ends and the roommate stays, that is not your problem.

    So the landlord can sue either or both of you and collect from either or both of you. You could pay now and sue your roommate for his/her half.

    If you take care of this before there's a Judgment or other activity reported by the landlord it won't appear on your credit report.

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