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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Junior Member
Last Online:
01-28-2008 05:26 PM Join Date: Jan 2008
Location: capital city yall
Posts: 2
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So I have this roomate that have who since we moved in, in november 2007,
has been short on the rent by like 50 or 100 bucks, every month also she only helped with the utilities once. Now her holiday job is over and she has no money but shes on the lease with me for the apartment. What can I do? Can I have her taken off the lease? if So can I change the locks? Do I have to give notice of getting her off the lease? ps If I have some one else move in to replace her does he have to be on the lease? If any has any idea thanks! Last edited by sonicwebster : 01-28-2008 at 06:06 AM. Reason: for grammar |
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#2 |
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Top Level Member
Last Online:
07-23-2008 11:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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Have you asked your roommate what her plans are to get caught up on the rent and utilities she owes? I'd ask her point blank how she expects to pay her fair share. If she doesn't have an answer, suggest that she find somewhere else to live. Then you can replace her before you are evicted for non-payment. Surely she can't expect you to pay for everything and she live there for free.
Once you have talked to her about this, speak to your LL. Explain that the roommate lost her job and can no longer pay the rent, but you would like to find another roommate to replace her. Suggest that you get the LL's application and have the next roommate fill it out to apply with the LL to be on the lease. If the application screens fine, I see no problem with the LL releasing your roommate from the lease and replacing her with another roommate. Please note, If you do not put a new roommate on the lease you may have 3 problems. 1) You will be the party responsible fully for the entire rent amount (and you nor the LL cannot hold your new roommate responsible for any of it). 2) The LL may not allow another occupant unless he is on the lease. and 3) You will be unable to collect money for rent from your new roommate. That would be a sublet or sublease situation and the LL or lease probably prohibit it. I suggest you put the new roommmate on the lease. |
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#3 |
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Junior Member
Last Online:
01-28-2008 05:26 PM Join Date: Jan 2008
Location: capital city yall
Posts: 2
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Re: Non rent paying roomate
So she just got a job at a shoe store, but its really too little to late.
She says she doesn't care shes staying, wth?, and that I can't take off the lease with out her consent I live in Washington state, which ive heard is a no lease law state im not sure what that entails but yeah can I get her off the lease, or is she right? Im a talk to the manager later today im just nervous. Also if I get her out does she have a time frame to leave or is it imediate? |
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#4 |
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Top Level Member
Last Online:
07-23-2008 11:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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She's right that you can't get her off the lease. But I'd talk to the LL if I were you. Let him know that you have your share of the rent each month, but the roommate doesn't. See if he will accept 1/2 from each of you to show him that you are paying him on time each month, and that the problem is with her. (I really doubt he will do this, but it will open his eyes to her problem).
If she fails to pay her half of the rent and/or you don't pay rent in full to the LL, he can evict both of you. Not a good option for you. What you can do is to give her an itemized bill for all the monies she owes you and a time limit to pay them (like 30 days). Send it to her by certified mail, return receipt requested, and keep a copy somewhere safe (out of the apartment). Then sue her in small claims court for the money she owes you so far. Each month give her another itemized bill for rent and utilities (keeping copies in a safe place), and refile to sue each month she doesn't pay in full. A few times of this will make her think twice about either paying in full or moving out. How long to go on the lease? |
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