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My roommate has sent me an email stating that she will not pay rent. The reason was obserd! Our a/c was broken and it was 88% in the apartment. She claims the a/c man woke her up and she couldn't wake up for work and lost $200 in revenue. I forwarded the email to the landlord and she has decided that my roommate has 30 days to vacate if she does not pay.
My roommate has been a total ******, has vandalized my couch and spreads lies and other things about me to my family. She has a daughter, and seems to think it's ok for her to lounge around for 50% of the week, you never know what days she will be here.
I have told her that I do not want her here, she has been here on and off for over a month.
Now she is saying that she doesn't have a copy of the lease and can't get a hold of the landlord and needs the information.
She signed the contract, is it my responsibility to provide her with a copy of the lease? She already had one, she signed it! She has/had the phone number, no clue what she did with it. It's not my fault, is it? That just shows how unresponsible she is, right?
I live in Arizona. I feel as she is doing this as a "game" for something for court. I don't want to respond to her but she has sent me three emails saying "This is proof that I don't have the information of the lease by you not responding giving me the information?"
She owes me over a thousand dollars and has not paid rent this upcoming month.
I live in Arizona, please give me some advice!
For the a/c being out, our landlord gave us half off the rent.
But she is saying that I owe her like $50 for her having to miss work because of the a/c man waking her up!!
I think I may just send her the info, but I will take my time as it's not required by law.
You sign a contract, it's your responsibility to have information on what you signed, right?
I should seize any contact from her.
Also, the landlord has sent the notice by email, does it need to be in formal writing? I am waiting until the 1st of the month to contact her back, even though the email from my current roommate states she's not paying rent.
She owes me for last months electricity bill, the cable internet and I put the whole deposit down. I think I am going to switch the electricity to pay as you go and only put a couple dollars on it every night so that while i'm at work, I can turn it off and save electricity. This is ok, right?
Here is part of the email she has sent..
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As you are aware the air conditioning unit was replaced last Wed. July 18th. You never communicated any of the issues with the ac unit, or any communications you had with the landlords regarding how and when the repairs would be made with me. You completely take advantage of the fact that I am in the apartment during the day, but have no regard for the fact that I am, and MUST sleep during the day, as you are aware I work 12 hour night shifts. I was woke suddenly the week before from an ac repairman and went to work tired that day. On the 18th of July I was awakened an hour after I went to bed by non stop beating on the door by a different ac repair company. I told the guy I HAD to sleep because I had a 12 hr shift to work that night and asked him if he could come back on my day off or later in the eve when you are home. He said no he was told to get it done that day. They were here from 10:00 a.m. to 3:30 p.m. They were very noisy the entire time they were here.
Needless to say I had to call off for my shift that night as I got no sleep that day. Financially it cost me $196.80. That is at my hourly rate of 16.40 an hr times 12 hrs. On top of that it hurts my attendance record which there is no way to repair. I am not willing to suffer the loss of my wages due to your negligence or lack of responsibilty. I will not be paying any rent for August 2012. When you subtract the reimbursement from the landlords for hotel room costs, leaving us a balance of $150.00 each, then subtract what you cost me in wages, mine is still minus 46.80 balance due. I will pay my share of the electric bill, but I am yet to see a bill. You have not given me a key to the mailbox nor have you given me my mail.
Regarding the air conditioner, I, just like you, have rights as a renter. As stated previously, not you or the landlords included me in any of the communications regarding the replacement of the unit. Had any of you spoke to me I would have been more than cooperative in letting you know what my days off are and when it would be a good time to come do it. I don't know if you lack understanding of others rights, but as a renter I have a right to live my life free of disturbance. As an adult you should know that if you require repair people to come to your home YOU are responsible to make sure YOU are available for them to come make the repairs. You had absolutely no right to disrupt my life and sleeping patterns, causing me a loss of income and affecting my work record. All of this could have been avoided and done more positively and effortlessly if any of the 3 of you had communicated with me. Maybe that would have been too easy, but it would have worked to ALL of our benefit.
I just know I am not going to pay the price for your lack of responsibility. I work with critically ill and injured human beings. If I am tired and not thinking clearly and I make a mistake at work it could be fatal to one of my patients. I take my job and responsibilities seriously and in no way, shape or form do you have any right to interfer with that part of me. You were the one who demanded the unit be repaired immediately, therefore you should have been responsible enough to be here and take care of it.
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Me, the a/c man and landlord tried to call her for like a week. She doesn't answer the phone, when I knock on the door or even have a voice mail. I ended up leaving the key under the mat. I couldn't even sleep, it was so hot in here. It's been hitting like 110% outside. 88% was in the hallway, the rooms with the windows I feel were in the 90+'s.
She has a key, and has gotten no mail. If she lost the key, she has not asked me to borrow mine to make a copy which I would of surely done before.
An Attorney will be able to tell you how to legally get the roommate out and if it is your responsibility or the landlord's responsibility legally. This public forum is NOT the place to ask for this type of legal issue.
An Attorney will be able to tell you how to legally get the roommate out and if it is your responsibility or the landlord's responsibility legally. This public forum is NOT the place to ask for this type of legal issue.
How much is a lawyer going to want for an eviction process? I am just starting my research on this. I don't know what to do. I am already going to be a little more behind this month since I was expecting a few hundred dollars, which I am not going to be getting.
will you be able to afford the rent if she gets evicted? If not, then you need to find a cheaper rental asap.
if someone doesn't pay rent, then they will be kicked out. first will be given a 3 day notice to either pay full rent or quit (aka move out). If they don't pay rent or move out in 3 days, then eviction starts.
Not sure how the landlord can evict her and not you, legally, since you are both responsible. This is a tough one.
BTW, landlord can also evict for the sister if sister moved in and the lease states no other residends unless on the lease. lease would need to say a guest that stays longer than X days is not allowed.
regardless, you have roommate issues and you need a new roommate asap or you need to live alone. how much longer on your lease?
I think you might really need to talk to a lawyer. a real estate lawyer that handles landlord tenant. call a few to see what they cost for a half hour sit down consultation on the matter. maybe $100 plus or minus is my guess. some areas have free or reduced rate consults. they call this legal aid. good legal aid for your area and see what you find.
FYI...she is likely wrong about being able to choose the day the AC man came for repair, based on her day off. landlord has a right to schedule repair per landlord's schedule. in most states landlord only needs to give notice to tenant for such repair visits, not get tenant's approval. but check AZ law to be sure. google AZ landlord tenant law.
Having repairs done is noisy- welcome to the modern world. She can't have her cake and eat it too- If a repair guy shows up whether it is for a heating problem or cooling problem..You let the guy do what he has to do. There is not much to say about your room mate- The fact that she has this little attitude that she can demand money for some sort of damage to her that you did not inflict suggest they are not that bright-
I would never share a home with anyone other than family- It would be better to live in a tiny apartment that go for something bigger - and pay the price of lost privacy. Never live with a STRANGER. Either alone or with a lover- or family- or husband or wife- This "room mate stuff " is for college students...
I would never share a home with anyone other than family- It would be better to live in a tiny apartment that go for something bigger - and pay the price of lost privacy.
Quote:
Originally Posted by sware2cod
will you be able to afford the rent if she gets evicted? If not, then you need to find a cheaper rental asap.
The thing is, she is my dad's wife's sister. So she is "family". She has been down on times and been pretty much a mooch for years. She has a job finally now after years and my dad and his wife thought it would be in both of our interest to save money renting together.
She has been calling them like a little kid and it is causing fights between them both. They have pretty much told her, your a 50 year old women, grow up. I am almost 30, we don't care what he does. I mean, what 50 year old lady calls and tattles, "he was over at the neighbors drinking yesterday". So what ??
I am able to afford the rent if she get's evicted.
I know she is trying to claim bankruptcy now, I found out she owes a tun of money to collectors. I have read up on that and am confident she will not be able to file chapter 7 because she has not been an Arizona resident at least 180 days (her car is still registered to Wyoming), has excess money monthly in the 500+$ range. So a chapter 13, I will be able to receive the money back in who knows how many years.
Here's the issue...eviction is when a landlord legally gets someone kicked out for breaking the lease in some way (non payment, having pets when none allowed, etc). The landlord has to file with the court to evict. It goes on the person's record and it isn't good. Nobdoy wants an eviction on their record.
Lots of folks use the word 'eviction' incorrectly. You see, if someone is on a month-to-month lease, then the landlord can give "notice" for someone to move. This is not eviction and the landlord does not need to give a reason for this. If the person doesn't move out by the required timeframe, then the landlord can start real eviction by filing with the courts.
If you are now on a month-to-month lease (or another short term lease that can end soon), then your landlord likely will only give "notice" to your roommate.
If you have 7 more months or so on a lease, he would have to give her a Pay or Quit notice and then evict in order to get out of the 7 month lease. But I truly think the landlord would have to give Pay or Quit to all on the lease. if you only pay half rent, I dont know if he can evict her but not you.
Good for you that the landlord is on your side. Keep it this way.
Stay away from the loser roommate. She is trouble and seems like she has been forever. Hide your credit cards, your checkbook, your statements, etc. Not sure if she is such a loser that she would use your credit cards or checks, but some losers go this far and dont think anything of it. Be careful and cut all ties with her.
Warning...if landlord has to evict you both....make sure your name is not on this whatever you do. It is BAD on your record even if it is not your fault. you really need to find out if real eviction will occur (and if YOU are included) or is he simply going to give Notice for her to move out (because currently on month to month). Is your lease on month to month now?
The only way you can get any money that she owes you is if you file a small claims court case. then you go to court and if you win, you will get a judgement against her. Good luck getting any money from her. sounds like she doesn't pay anyway.
Here's the issue...eviction is when a landlord legally gets someone kicked out for breaking the lease in some way (non payment, having pets when none allowed, etc). The landlord has to file with the court to evict. It goes on the person's record and it isn't good. Nobdoy wants an eviction on their record.
Lots of folks use the word 'eviction' incorrectly. You see, if someone is on a month-to-month lease, then the landlord can give "notice" for someone to move. This is not eviction and the landlord does not need to give a reason for this. If the person doesn't move out by the required timeframe, then the landlord can start real eviction by filing with the courts.
If you are now on a month-to-month lease (or another short term lease that can end soon), then your landlord likely will only give "notice" to your roommate.
If you have 7 more months or so on a lease, he would have to give her a Pay or Quit notice and then evict in order to get out of the 7 month lease. But I truly think the landlord would have to give Pay or Quit to all on the lease. if you only pay half rent, I dont know if he can evict her but not you.
Good for you that the landlord is on your side. Keep it this way.
Stay away from the loser roommate. She is trouble and seems like she has been forever. Hide your credit cards, your checkbook, your statements, etc. Not sure if she is such a loser that she would use your credit cards or checks, but some losers go this far and dont think anything of it. Be careful and cut all ties with her.
Warning...if landlord has to evict you both....make sure your name is not on this whatever you do. It is BAD on your record even if it is not your fault. you really need to find out if real eviction will occur (and if YOU are included) or is he simply going to give Notice for her to move out (because currently on month to month). Is your lease on month to month now?
In the lease it states
"In the event of a breach of this agreement, the non-breaching party may proceed against the breaching party in any claim or remedy that the non-breaching party may have in law or equity."
So, I should be able to go after her.
I am going to be paying the full rent because I really like my landlord. Just need to get her out sooner, than later. I'm not going to support her!
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Roommates...
