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If there's been a similar thread to this, please direct me to it, and I apologize. However, this is kind of urgent for my friend. (yes, really my friend, i'm not speaking for myself because i'm embarrassed -- i happily live alone because of reasons like this, hah! )
My friend's roommate has decided to move out next week and has just decided to tell her, well, I guess today. My friend is the only one whose name is on the lease, although since the roomie moved in, my friend and her landlord have apparently asked her to sign a lease, and she has refused. I guess my question is, does the roommate have to give more than a week's notice, even though she's not on the lease despite urging from my friend and the landlord? And would the fact that the landlord knows about the refusal to sign the lease be any protection if my friend is under any hardship because she no longer has someone paying the other half of the rent?
Additionally, my friend says that the roomie put holes in the wall, would it be a good idea for her to bring the landlord in and show her what happened and take pictures as well?
I don't know the entire situation, but I think the landlord might own very few properties and might be a little more hands on than with bigger complexes, so that might be a better situation for my friend.
Finally, has anything I posted make any sense? I'm upset for my friend and trying to get ready for work at the same time, so sometimes i forget to finish sentences.
If the roommate who is leaving is not a party to the lease then your friend is SOL. She could try small claims court but she'd almost certainly lose. Your friend is lucky she wasn't evicted for letting someone who wasn't on the lease live there, by the way.
Yep, the renter on the lease is screwed. She should've called the cops to get rid of the roomie when they refused to get put on the lease. Too late now, she's liable for the rent and the damages. She should try to work something out with the landlord, but I doubt she'll get anywhere unless they're really really nice.
Well, the word is now that the landlord is going to try to get the roommate to sign a lease. Apparently the landlord has been involved trying to get this person to sign on the lease, but for some reason wasn't able to do so? I'm wondering if the landlord is overly nice? Because my complex is like 'max anyone can visit is 14 days, then it's time to talk.' *shrugs* who knows.
Room mate situation gone bad is the biggest problem I see. The person on the lease is the one who allowed the other to move in. The Landlord could have started an eviction against the person on the lease, but is under no obligation to do so.
Never, I repeat NEVER sign a contract with another person unless you are fully prepared to cover all the expenses and never invite someone to live with you unless you are willing and able to meet the obligation independently... anything else is just asking for trouble...
There have been several City-Data posting about this.
Room mate situation gone bad is the biggest problem I see. The person on the lease is the one who allowed the other to move in. The Landlord could have started an eviction against the person on the lease, but is under no obligation to do so.
Never, I repeat NEVER sign a contract with another person unless you are fully prepared to cover all the expenses and never invite someone to live with you unless you are willing and able to meet the obligation independently... anything else is just asking for trouble...
There have been several City-Data posting about this.
This is why I figured I'd be better off poor and living alone than less poor and having a roommate.
And sorry for the extra posting - I was in a hurry this morning and didn't have time to do a search.
My friend's roommate has decided to move out next week and has just decided to tell her, well, I guess today. My friend is the only one whose name is on the lease, although since the roomie moved in, my friend and her landlord have apparently asked her to sign a lease, and she has refused. I guess my question is, does the roommate have to give more than a week's notice, even though she's not on the lease despite urging from my friend and the landlord? And would the fact that the landlord knows about the refusal to sign the lease be any protection if my friend is under any hardship because she no longer has someone paying the other half of the rent?
Sorry, your friend is the only one that signed the lease which is a legally binding contract between her and her landlord, hence, the only responsible party for the rent.
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Additionally, my friend says that the roomie put holes in the wall, would it be a good idea for her to bring the landlord in and show her what happened and take pictures as well?
Yes, it would be a good idea to take pictures of this and have the landlord do a walk-through so that he can see it for himself. But, keep in mind, your friend is still the only one liable for these damages. If the landlord collects from your friend for these damages when the lease is up, then the only recourse for your friend is to ask the roommate to reimburse her for the damages. If the roommate is unwilling to reimburse her, then the only recourse your friend would then have would be to sue the roommate for the damages in small claims court to see if she could collect that way.
Quote:
I don't know the entire situation, but I think the landlord might own very few properties and might be a little more hands on than with bigger complexes, so that might be a better situation for my friend.
I don't understand what this means or what it has to do with the friend/roommate situation.
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Originally Posted by supernerdgirl
Well, the word is now that the landlord is going to try to get the roommate to sign a lease. Apparently the landlord has been involved trying to get this person to sign on the lease, but for some reason wasn't able to do so? I'm wondering if the landlord is overly nice? Because my complex is like 'max anyone can visit is 14 days, then it's time to talk.' *shrugs* who knows.
Why would anyone think that the roommate will sign a lease at this late date (when she's leaving) when she hasn't been willing to sign it before? I wouldn't, would you? And, the landlord certainly can't force her to, either.
The best thing your friend can do at this point (if she cannot afford the rent by herself) is to find another roommate... immediately. But, this time she needs to get their name on the lease BEFORE they move in.
Well, the word is now that the landlord is going to try to get the roommate to sign a lease. Apparently the landlord has been involved trying to get this person to sign on the lease, but for some reason wasn't able to do so? I'm wondering if the landlord is overly nice? Because my complex is like 'max anyone can visit is 14 days, then it's time to talk.' *shrugs* who knows.
The landlord cannot force her to sign a lease. All he can do is force her to leave and start eviction proceedings against your friend for allowing someone unauthorized to live there in violation of the lease. To be honest, a lot of landlords don't care about this as long as the rent is being paid by *someone* and you're not tearing the place up, but you get the occasional one who gets prissy about it.
This works the other way, too. Years ago when I was very young and didn't know any better, I leased a flat with a friend, except that because of the way we had to lease it (long complicated story), only her name went on the lease agreement. About 2 years later, we had a huge blowout and she forced me to move out.
My brothers own a condo together and they have a roommate. i have told them time and time again he needs to have a lease, but they're lazy and don't listen well. They could get very screwed, like your friend but maybe even worse because it's their home. Don't people watch Judge Judy? Haha
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