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Old 11-23-2012, 05:17 PM
 
Location: Southern California
757 posts, read 1,328,533 times
Reputation: 1143

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Over a year ago, I moved into a rental with a roommate. We both signed the lease. My roommate got back with his boyfriend after just a few months and told me to just take the eviction, stop paying the rent and use the money to get another place, an apartment or something I can afford.

There were still several months on the lease. I was able to get somebody to move in who helped cover a portion of the rent my roommate was responsible for. All the utilities were behind as the money I gave to the roommate to pay the utilities was not used to pay the utilities.

I have struggled each month to come up with the rent, I do not make enough money to cover the additional 500 of the roommates portion of the rent that is not paid by the new roommate. I am late each month.

The landlord says he understands the situation I am in and as long as I pay the rent by the 15th it will be okay. Each month I have to pay an additional amount for the late fee. Each month he sends me a three day notice to vacate. Each month I get call after call, asking when am I paying the rent.

The lease has since expired. I guess we have just a month to month now.

I have told the landlord on several occasions that if he wants me to move, just let me know and I will be out of their property by the end of the month. I have said that they can show the property while I am still there to get it rented before I actually move out.

I have never let the rent carry from one month to the next, so at the beginning of the month, I just owe for that next month. I have pawned everything I own that is worth anything, sold items I have had for years, I really am out of resources.

I just can not afford this house. I have used all my resources covering the extra rent and catching up on the utility bills. Each month I get a little more behind, rotating the utility bills to keep electricity on.

I can not possibly save enough money to move. I can hardly buy food. I have been looking for another job, but even a full time job at minimum wage will not pay the rent. I do work part time, taking a full time job will not allow me to have the time to work part time and make more money then the full time.

I totally understand the landlords position and how important it is to pay my rent on time. He has been charging me almost 100 additional each month for the late fee. The rent is already 1500.00 (so I have been paying almost 1600.00 for rent) Do I have to pay the late fee? I deposit the rent money right into his bank account. Can I be evicted for refusing to pay the late fee?

I have offered to move, this situation is not getting any better. He always threatens to evict me. Sending me a three day notice each month and telling me I am irresponsible.

He wants to send me a new lease, with the roommates name on it and he has given me permission to get another roommate so the rent per person will be more affordable.

I do not want to sign another lease, I want to move as soon as I can. I can not afford this house. I do have a deposit of 2500.00 here. The house is in better shape then when I moved in. I have put good paint on the walls where there was just flat paint in the bathroom and kitchen. The yard is in better shape, I should not have a problem getting my deposit back. But I have a feeling he will not send it to me right away.

Does the landlord have to do a walk through if I request one?
Do I have to sign a new lease? If I do not sign a lease, without a three day, the landlord has to give me a notice to move, like a 30 or 60 day?

I really do not want to cause this landlord problems month after month, but I just can not afford this house. Any suggestions on how to make my situation better and to be less of a problem to the landlord would be helpful and appreciated. What can I do? What should I do?
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Old 11-23-2012, 07:32 PM
 
Location: Clermont Fl
1,715 posts, read 4,777,191 times
Reputation: 1246
Tell him you are moving in writing its not hard.
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Old 11-23-2012, 07:54 PM
 
Location: Southern California
757 posts, read 1,328,533 times
Reputation: 1143
Quote:
Originally Posted by tworent View Post
Tell him you are moving in writing its not hard.
Wow. Thanks for that wonderful advice. If I can not move yet, because I do not have money saved, do I have to pay the late fee, isn't 90 dollars a little steep for a late fee? I am in California. He has said it is okay to pay rent on the 15th, instead of the first, yet he continues to make me pay the late fee.

And after I write the letter telling him I am moving, does he have to do a walk thru of the property so I can make sure I get my deposit back??
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Old 11-23-2012, 08:01 PM
 
Location: Clermont Fl
1,715 posts, read 4,777,191 times
Reputation: 1246
Find someone who needs a roommate and move in. Do you have to pay the late fee? were you late then yes.
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Old 11-23-2012, 08:19 PM
 
Location: Southern California
757 posts, read 1,328,533 times
Reputation: 1143
Are you a property owner in California?

I have been looking for somebody who wants a room mate with two large dogs. Not an easy task. I have been selling everything I own, gearing up for living in a hotel, at least then I can save some money to move into an apartment.

Does he have to do a walk though? Or can he decline?
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Old 11-23-2012, 08:24 PM
 
Location: Southern California
757 posts, read 1,328,533 times
Reputation: 1143
tworent, I just checked your profile, you are far from California. Do you own property here?
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Old 11-23-2012, 08:51 PM
 
Location: Clermont Fl
1,715 posts, read 4,777,191 times
Reputation: 1246
Quote:
Originally Posted by SocalPitgal View Post
tworent, I just checked your profile, you are far from California. Do you own property here?
Not rental houses only commercial but I have a house in Hollywood Hills
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Old 11-24-2012, 05:24 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Why on earth would you even think about signing a new lease when you're living way above your means? If you're on a month to month then simply give a month's notice and see what you can do during that month to get some money for a move. Get a second part time job if you can't find something full time. I know people who work a full time job and two part time jobs to make ends meet. Why can't you get a roommate? If you end up moving it's going to be a heck of a difficult job with two large dogs in tow. If it comes to that, do you have somebody close who can foster them for you until you get settled?

As far as the late fee is concerned, as long as its within the limits of CA landlord tenant laws (you can find a link to them in the first "sticky" on this forum) then it's legal and yes you have to pay it if your payment is late. In many states a landlord is required to do an exit walk through; in others a LL cannot decline to do a walk through if requested. Again, check CA laws as suggested earlier. Once you give your notice and since you seem to still have a reasonably good relationship with your LL despite everything, ask him to do a pre-move-out walk through to point out anything he might make a deduction from your security deposit for and which you can fix prior to a final walk through.

Good luck.
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Old 11-24-2012, 05:32 AM
 
10,746 posts, read 26,015,105 times
Reputation: 16033
Quote:
Originally Posted by SocalPitgal View Post
Wow. Thanks for that wonderful advice. If I can not move yet, because I do not have money saved, do I have to pay the late fee, isn't 90 dollars a little steep for a late fee? I am in California. He has said it is okay to pay rent on the 15th, instead of the first, yet he continues to make me pay the late fee.

And after I write the letter telling him I am moving, does he have to do a walk thru of the property so I can make sure I get my deposit back??

Your money issues aren't your landlord's problem or concern. Either pay your rent every month, on time, or get hit with late fees or an eviction.

Of course he's going to tell you paying your rent is fine..he's going make an extra $90 a month off of you ( and he should!!)

Yes, you should do a walk thru with him.
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Old 11-24-2012, 05:48 AM
 
11,558 posts, read 12,050,932 times
Reputation: 17757
I agree with others that you need to secure a second p/t position since you're unable to find a f/t job that pays enough.

And it is very difficult to come up with first/last/security when moving into a new rental.

I too like the idea of looking to move in with someone else and share their rent/utilities; however, having two large dogs may be a deal breaker unless you find a house w/yard that will accept pets. But at least by moving in with someone else you eliminate the huge move-in costs.

Realizing you love your pets and certainly want to keep them, it is still an extra financial burden to feed and maintain their vet care, so I won't say, "Find a new home for your dogs.", only you can make that call.

IF you could find another roommate to move in with you and sign a new lease, that would be good...but as with your last roommate, there's no guarantee a new roommate will remain throughout the life of the lease, and/or be responsible and pay their portion(s).

I wish you the best in your decision making.
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