[KLaur3]

My roomate and I have lived together since November when we signed a year lease. I introduced her to her current boyfriend who has been here all the time since around December. She has made him a key. He is here when she's not. I on the other hand stay with my boyfriend who has his own house on the weekends. Her boyfriend was living with his parents before he was here all the time. He hasn't offered to help with the rent at all. I told my roomate that I did not want a third roomate in December and gotten worse. One thought I had is to refuse to pay the rent. Since he has lived here for months and not paid. Her mom is the cosigner so she would have to pay it or it would reflect on her mother. She has now asked me to leave because it isn't working out. She said she will give me the security deposit back but she will prorate it for the time we have been here. I feel like I am being cheated. I pay $450 now for rent and she would be displacing me so I'll have to pay more somewhere else. Someone told me that I should demand three months rent and the full deposit. What is fair in this situation?

[andthentherewere3]

I'm sorry to hear that. Whose name is on the lease? Both of your names? If that is the case, she can ask you to leave, but she can't make you. But do you really want to stay? I would think that under the circumstances, it won't be at all comfortable for you. I'm not sure fighting this would really be worth it for you. Did you contribute any of your own money for a deposit/security? If you do end up leaving, make sure you get your half of the money back first.

Can you possibly move back home until you can find a new roommate and a new apartment? (I'm assuming you are college-age)

(Editing to say since I first began writing this you edited your post and answered some of my questions, sorry I missed it before posting!)

[andthentherewere3]

Now wait a minute, it's been a while since I have done the apartment scene, but why would she prorate the security deposit? When I used to rent years ago, unless there was damage to the apartment, you would get it all back at the end of the lease. So you should be getting your full share back, not prorated.

[kidyankee784]

Originally Posted by KLaur3

My roomate and I have lived together since November when we signed a year lease. I introduced her to her current boyfriend who has been here all the time since around December. She has made him a key. He is here when she's not. I on the other hand stay with my boyfriend who has his own house on the weekends. Her boyfriend was living with his parents before he was here all the time. He hasn't offered to help with the rent at all. I told my roomate that I did not want a third roomate in December and gotten worse. One thought I had is to refuse to pay the rent. Since he has lived here for months and not paid. Her mom is the cosigner so she would have to pay it or it would reflect on her mother. She has now asked me to leave because it isn't working out. She said she will give me the security deposit back but she will prorate it for the time we have been here. I feel like I am being cheated. I pay $450 now for rent and she would be displacing me so I'll have to pay more somewhere else. Someone told me that I should demand three months rent and the full deposit. What is fair in this situation?

Not paying your part of the rent can result in you being taken to court.

My suggestion to you is to obtain a copy of the lease, which you have every right to do (if your name is on it). Many leases do not allow other persons to stay at the apartment more than 14 consecutive days. If this is the case, then contact your landlord, inform him/her of the situation and see what their course of action will be.

I don't believe your roommate can legally prorate the security deposit for the time you've been there - you are entitled to your deposit back if there is no damage to the residence.

Lastly, your roommate can ask you to leave, but she cannot make you (if, again, your name is on the lease). If your name is nowhere on the lease, she has to give you advanced notice (I'm not sure if it's 14 or 30 days notice).

There are many people on this board who can probably help more than I can, so keep checking back.

I went through a similar situation and it wasn't fun. I wish you the best of luck.

[kidyankee784]

Originally Posted by andthentherewere3

Now wait a minute, it's been a while since I have done the apartment scene, but why would she prorate the security deposit? When I used to rent years ago, unless there was damage to the apartment, you would get it all back at the end of the lease. So you should be getting your full share back, not prorated.

Exactly. If your roommate tries to prorate it, your next step would be legal action.

Take pictures of the apartment to show that there is no damage when you move out, and do inform your landlord of exactly what is happening.

[JayCT]

Not paying the rent would be petty. You agreed to pay a certain amount each month and you should live up to your side of the bargain.

As for the situation with the boyfriend, it appears there is little you can do about it. I would definitely start to look for another place to live and tell her you want out. Also, you should demand that she reimburse you for the full amount of the portion of the deposit. It does not get pro-rated as she is saying she will do. She will get the full amount back when she leaves the place. good luck, Jay

[MuttMommy]

From a Realtor & landlord-

If you are on the lease, you do not have to leave the apartment.

Here is what I suggest you do:

Look at your lease and if it says that someone living in the apartment for more than 7 days, or any amount time, must be on the lease, then tell your roomate this:

I will leave the apartment on such and such date (you pick).

In exchange, you, your new boyfriend and I are going to meet in person with the landlord and notify him/her that your boyfriend will be taking over my portion of the lease. (He will probably need to be qualified but that's not your issue).

Your boyfriend, once he is approved, will reimburse me for my portion of the security deposit in full (unless she can point out to you any damage you've done). (Take pictures of the apartment on the date you leave just in case there is an issue later). Security deposits are not pro-rated and the landlord determines what is damage.

Then, get the landlord to take you off the lease and put her boyfriend on. Get the landlord to give you a notice saying you've ben removed from lease.

Do not stop paying rent - your landlord can take you to court for not paying rent if you are on the lease.

Good luck!

[MuttMommy]

One more thing-

If your lease does in fact say that anyone at the apartment for more than 7 days, e.g.) or that anyone residing at the apartment must be on the lease, then you are in violation of your lease if your landlord were to find out the boyfriend is there. You may just want to mention this to your roomate...

[KLaur3]

Both of our names are on the lease. I paid half of the security deposit, a non-refundable pet deposit, and $50 for credit approval. She told me she was going to drop off rent at the end of the week and asked me what I was doing. If I am going to go/stay this month. I told her calmly that I will probably be staying another month and since her boyfriend lives here now I think he should pay the rent this month. She did not reply so I walked away. I think he has been contributing to her for living here. He has been buying her groceries. Since they are cooking in the kitchen often. I have lost a lot of use of the kitchen becuse they are in there. He is very nice to me I'm assuming he is aware that he is overstepping his welcome. I think I am being fair by asking him to contribute after months of him being here all the time. I spoke to the realty company they told me they would add him to the lease but I would still be liable. My thought is to write up a separate contract in case her boyfriend leaves so I'm not held liable for the rent. Is it fair to ask for the non-refundable money back since I am being displaced. Shouldn't I be compensated for the fact that I am going to have to pay more elsewhere since she wants to play house?

[JayCT]

Originally Posted by KLaur3

Both of our names are on the lease. I paid half of the security deposit, a non-refundable pet deposit, and $50 for credit approval. She told me she was going to drop off rent at the end of the week and asked me what I was doing. If I am going to go/stay this month. I told her calmly that I will probably be staying another month and since her boyfriend lives here now I think he should pay the rent this month. She did not reply so I walked away. I think he has been contributing to her for living here. He has been buying her groceries. Since they are cooking in the kitchen often. I have lost a lot of use of the kitchen becuse they are in there. He is very nice to me I'm assuming he is aware that he is overstepping his welcome. I think I am being fair by asking him to contribute after months of him being here all the time. I spoke to the realty company they told me they would add him to the lease but I would still be liable. My thought is to write up a separate contract in case her boyfriend leaves so I'm not held liable for the rent. Is it fair to ask for the non-refundable money back since I am being displaced. Shouldn't I be compensated for the fact that I am going to have to pay more elsewhere since she wants to play house?

Why is their cooking making you use of the kitchen? I do not understand that. It is fair to ask for refundable money back if you leave but it is not fair to ask for compensation for having to pay more somewhere else. You could choose an even cheaper place to live. Would you give them money back if you find a cheaper place to live? Finally, did the management company say they will not remove you from the lease? Did you ask? I am not sure what protection you would have if he stops paying on the lease even if you do have it in writing. Good luck, Jay