[calleygirl]

My roommate decided to move back to her home state of OH to live with her mom because "MD is too expensive". She left in June 2010 and our lease (both our names are on it) is up in March 2011. She has continued to pay her half of the rent & utilities that has her name on it, because legally well she has too. Any of the bills without her name she said she would not pay because she won't be living there. Anyway, when she left in the middle of the night she took as much stuff as would fit in her civic, she still has her room full of stuff. She promised me when she left that she would be back before winter to get the rest of her stuff out. She will not drive at all when the snow falls and OH gets even more then MD. So now it is Dec 2010 and she has still not come back at all. Jan, Feb and March are the worst months for snow and we have to be out March 31. I know part of the problem is that she has no money or credit card to rent a uhaul to be able to move her furniture back to OH. Now it will be the snow excuse. And I know part of it is cowardice, she ran away like a little girl back to her mommy and left me and she doesn't want to face me. Besides the point, honestly she screwed me in many more ways, she knows and I really want her crap out by March 1st so that she's not in my way while I am trying to pack the whole apartment and clean and then when its last minute and convient for her she just drops by in my way to just get her stuff and leave a few hours later. If she even comes at all. Besides I get to clean and repair all the little things so we won't get charged because she won't be there to help me do it. My questions are: Can I give her an ultimatim like a March 1st be here to get your stuff out? Also at what point if she hasn't come to get her stuff in March is it mine to take care of, take, sell, throw away because I have to be out March 31 and not get in trouble? I can't wait till the last day to wait for her to take care of all her crap and furniture in the apartment, to get rid of it and clean her part of the apartment. I have a full time job & have to work, so last minute is not a possibiity. When we got into this apartment a couple years ago, we did not have to pay a deposit because MY credit was so good. I can't leave her stuff or not clean her part or we will get charged, I don't want to pay for her crap. Also her cats did some damage. I am working 2 jobs because of this situation and can't afford legal advice. I don't know my rights in all of this.
Thanks for any help or ideas
Kimberly

[kcomissiong]

No, you can't. She has continued to pay rent as agreed and has not violated the lease. She can use the space however she sees fit as long as she isn't breaching the lease or local laws.

[calleygirl]

Thanks, I thought that was what it would be. Its okay I have talked to the leasing office and I will be covering all my basis. I will be sending her and the leasing office a certified letter at the end of Feb if she hasn't come to get her stuff stating that she knows and has been reminded her stuff is here and when the lease is up. I will photographing everything. I know her, she doesn't have the money or credit card to be able to move her furniture. So how or what is she suppose to do with it and its winter she will NOT drive in it, especially from OH to MD and in a uhaul back to OH again, that isn't going to happen. I will be asking her also what furniture she doesn't want and in writing, that I will take back, My mom bought her some of it and why should we let the apartment complex throw it out. Legally I am going to have it all in writing because I will not be sued by her because she changes her mind. Also with the letter and photographs, if she doesn't come get her stuff or clean and repair the damage to her bedroom and her bathroom (bc screw me I get to take care of the rest the place because it's a common area) by the 31st and our Apartment complex takes action agasint us (I have excellent credit and she does not, I am not ruining me life and chance for a mortgage someday over that little girl) I will be taking her to court over every last cent. She is 27 years old, she is an adult and I will be the one to teach her if it comes to it that choices you make, have consequneces and running home to mommy doesn't make everything all better. She moved in June back to OH, its 6 months later (during summer & fall) if she hasn't come back get to it by now, sorry I don't believe she will be back to get it at all. I don't think she cares either, she told me she hasn't unpacked any of the stuff she took home in June. I would think it be better for her to come home on the weekend, no work to take off, to get her stuff. Then for her to have to take off work when I take her to court. Just my thoughts!