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kellcl · Dec 5, 2011, 11:40 PM

I am the leaseholder in the apartment, my roommate is listed on the lease as an "occupant." We live in Nevada. I am not sure what to do about this situation. He signed a roommate agreement stating his rent is due on the first of every month and that we require a 30 day notice of him moving out. He did not pay November's rent. He did not show up from Oct 31 until November 15th, when he informed me he could not pay the rent (that was due on the 1st) and he would move out of the apartment by December 1st, along with cleaning his room and bathroom. It is now the 5th, and he has no plans of returning and/or cleaning his living area. We have not received his keys to the apartment or gate key into the complex.

In the roommate agreement, he agreed to clean his room and bathroom or be liable for any cleaning fees and be liable for any damages caused to his living areas. There are damages in his room.

Is there any action I can take to get my November rent? Or at least get him to pay for the damages he caused? Thank you all for any advice!

bigdnumbaone · Dec 6, 2011, 12:11 AM

This is a small claims court situation. You will be held liable as the lease holder, but in order to get money from the person renting a room from you because of violation of any written or verbal contract in the beginning is grounds for a claim in a court which doesn't require lawyers etc. You plea your case to a judge and they make a decision. As long as you have proof, (witnesses is a plus on your part stating he/she was a slob, disregarded the dwelling and caused damages) as well as the contract you had with he/she. It should be a cut/dry case and they will be ordered to pay for damages incurred by their wrong doing and non payment.

ScottGem · Dec 6, 2011, 04:52 AM

Did he give a deposit? Did he remove his belongings? Do you have his agreement to vacate in writing?

This is what a security deposit is for. If rent was due on Nov 1, on Nov 2 you should have taped a 5 day pay or quit notice on his door. If he didn't pay by 11/9, on 11/10 you go to court for an eviction order.

But since you didn't do that, you now have to deal with that. If you have reasonable proof that he has vacated, then you change the locks and report the lost gate key. You clean up and prepare a bill for all the costs including unpaid rent. You deduct this from the security deposit (if any) and send him either the balance or a bill for what he owes.

If he doesn't pay the bill, within a specified time, then you take him to small claims court. However, there is a Catch 22 with Small Claims court. While it should be easy to win, you then have to collect on your own. Unless you know where he works or banks, you may have a hard time collecting.

JudyKayTee · Dec 6, 2011, 07:02 AM

Originally Posted by bigdnumbaone

This is a small claims court situation. You will be held liable as the lease holder, but in order to get money from the person renting a room from you because of violation of any written or verbal contract in the beginning is grounds for a claim in a court which doesn't require lawyers etc. You plea your case to a judge and they make a decision. As long as you have proof, (witnesses is a plus on your part stating he/she was a slob, disregarded the dwelling and caused damages) as well as the contract you had with he/she. It should be a cut/dry case and they will be ordered to pay for damages incurred by their wrong doing and non payment.

My concern is the "they WILL ..." language. There are no guarantees.

I would sue on the grounds that the tenant didn't pay rent - and then add on any damages/cleaning charges you can prove. Being a "slob, disregarding the dwelling," etc. are not the basis for your claim.

This person owes you rent because he gave no notice AND he caused damages.

I wouldn't complicate it any more than that.