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Old 12-31-2014, 08:41 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727

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Quote:
Originally Posted by YelloJacket View Post
Thanks for response, I am open to lawsuit at small claims court. But prima facie what are the merits of my case if I go to court?

I am intent on pursuing this in court. The money I am looking at losing is not small. I can almost build a big home theater system with it!!!!!!
You need proof of the agreement you had with each other about paying rent and any other joint bills; you need proof that he didn't pay rent. He could well counter that since you found someone to replace him, he assumed he was off the hook with you and the fact that this new roommate didn't work out isn't his problem but yours. You'll need to provide proof of how much the later roommate paid.

Even if you have all the necessary proof and you're granted a judgment against him, then comes the collecting of the money he owes you which is a whole 'nother ballgame and often entails considerable additional expense on your part.

As MrRational has pointed out, the first thing you have to do is sit down with your LL. You don't want even the filing of an eviction on your record. More than likely this will end up being an expensive lesson learned.

PS: Ref your last post, you don't know if your landlord will cooperate unless you sit down and talk with him/his agents. Call and make an appointment.
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Old 12-31-2014, 09:03 AM
 
176 posts, read 192,450 times
Reputation: 26
Quote:
Originally Posted by STT Resident View Post
You need proof of the agreement you had with each other about paying rent and any other joint bills; you need proof that he didn't pay rent. He could well counter that since you found someone to replace him, he assumed he was off the hook with you and the fact that this new roommate didn't work out isn't his problem but yours. You'll need to provide proof of how much the later roommate paid.

Even if you have all the necessary proof and you're granted a judgment against him, then comes the collecting of the money he owes you which is a whole 'nother ballgame and often entails considerable additional expense on your part.

As MrRational has pointed out, the first thing you have to do is sit down with your LL. You don't want even the filing of an eviction on your record. More than likely this will end up being an expensive lesson learned.

PS: Ref your last post, you don't know if your landlord will cooperate unless you sit down and talk with him/his agents. Call and make an appointment.
I take your points, thanks for the response. I do have lease agreement and he is certainly a part of it, have been "jointly & severally" responsible for rent and utilities.

But its pretty sad how the entire joint lease agreement fabric punishes the honest and lets go scot free the irresponsible! Despite it being my mistake to have signed lease with him, something is just not right here.
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Old 12-31-2014, 09:31 AM
 
18,390 posts, read 19,023,642 times
Reputation: 15702
pay the rest of the lease, then take him to small claims and be done with it.
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Old 12-31-2014, 09:35 AM
 
Location: Brentwood, Tennessee
49,927 posts, read 59,955,675 times
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Quote:
Originally Posted by YelloJacket View Post
The last time when I talked about something incredibly trivial they started chanting lines from the lease agreement.
"Chanting lines from the lease agreement"???

That attitude is not going to help you. The lease agreement is the ONLY thing any judge would care about, and the fact that you basically moved in sublettors in probable violation of that lease agreement does not leave you in a good negotiating position.

Talk to the landlord, yes, because bad news does not get better over time. But I would pay the remaining rent, be thankful it was only 2 months, and start saving my own $$ for a home theater system.
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Old 12-31-2014, 10:05 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Quote:
Originally Posted by YelloJacket View Post
Despite it being my mistake to have signed lease with him, something is just not right here.
The only thing that's "not right" is your not doing things properly from the outset and then compounding it by getting a new roommate without the LL's permission.

You may also want to check your lease to see what it says about renewing. Many leases, particularly those in complexes, require that you give 60 days notice if you are not renewing. If you fail to give the proper notice you may be on the hook for an additional month's rent even if you leave by lease end date.
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Old 12-31-2014, 10:26 AM
 
176 posts, read 192,450 times
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Quote:
Originally Posted by STT Resident View Post
The only thing that's "not right" is your not doing things properly from the outset and then compounding it by getting a new roommate without the LL's permission.

You may also want to check your lease to see what it says about renewing. Many leases, particularly those in complexes, require that you give 60 days notice if you are not renewing. If you fail to give the proper notice you may be on the hook for an additional month's rent even if you leave by lease end date.

I have been doing this for years now, somehow I did not expect this problem to crop up. This shared lease thing really comes down to virtuous vs deadbeats. If the deadbeat decides to jump the ship then its the virtuous who is in grand mess, for he deeply cares about his rental & credit history. And as he struggles to save the impending credit catastrophe, the deadbeat gets fully pardoned for all his sins. How do you rationalize this as fair?

For the benefit of other readers, I would advise them to think 1000x before they embark on extended lease agreement with anyone.

Shared lease really IS wolf in sheeps clothing! - This works fine & fine for landlords, this works fine & fine for the deadbeats, but the virtuous is the one who is royally $crewed in the end.
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Old 12-31-2014, 10:31 AM
 
Location: Brentwood, Tennessee
49,927 posts, read 59,955,675 times
Reputation: 98359
Quote:
Originally Posted by YelloJacket View Post
I have been doing this for years now, somehow I did not expect this problem to crop up. This shared lease thing really comes down to virtuous vs deadbeats. If the deadbeat decides to jump the ship then its the virtuous who is in grand mess, for he deeply cares about his rental & credit history. And as he struggles to save the impending credit catastrophe, the deadbeat gets fully pardoned for all his sins. How do you rationalize this as fair?

For the benefit of other readers, I would advise them to think 1000x before they embark on extended lease agreement with anyone.

Shared lease really IS wolf in sheeps clothing! - This works fine & fine for landlords, this works fine & fine for the deadbeats, but the virtuous is the one who is royally $crewed in the end.
Ok, before you canonize yourself, I would advise you to adjust your viewpoint to take into account "shades of virtuosity," since you did not exactly do things by the book here.
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Old 12-31-2014, 10:38 AM
 
176 posts, read 192,450 times
Reputation: 26
Quote:
Originally Posted by Wmsn4Life View Post
Ok, before you canonize yourself, I would advise you to adjust your viewpoint to take into account "shades of virtuosity," since you did not exactly do things by the book here.
lol I am sure no ones perfectly 'virtuous'. Certainly not the landlord - I mean why would he throw the bible (read lease agreement) when I made sure he got uninterrupted payments on time. If anything he owes me deep gratitude.
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Old 12-31-2014, 11:05 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Dear me, such virtue to finish off the Old Year - I thought there was a strange aura around the OP's name and now I realize it was the glimmering of a baby halo!

YelloJacket, you've been told the procedure from many different angles and dependent on what happens next, and what to expect. If you want to read up on your state landlord tenant laws you'll find them linked in the first "sticky" on this forum before you further elongate the "bad landlord" opinion.

Good luck!
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Old 12-31-2014, 01:35 PM
 
176 posts, read 192,450 times
Reputation: 26
Quote:
Originally Posted by STT Resident View Post
Dear me, such virtue to finish off the Old Year - I thought there was a strange aura around the OP's name and now I realize it was the glimmering of a baby halo!

YelloJacket, you've been told the procedure from many different angles and dependent on what happens next, and what to expect. If you want to read up on your state landlord tenant laws you'll find them linked in the first "sticky" on this forum before you further elongate the "bad landlord" opinion.

Good luck!
I do deeply appreciate everyone replying in detail for my questions. I took all the points seriously.

And about your statements, I am not really interested in landlords, and certainly not in the welfare of deadbeat roommate who got me into this messy situation. All I am interested is my own credit & rental history.

But I do want to spread the message about the dangers of signing extended lease agreement with strangers or even someone whom you don't know very well.

Lease agreements can bring as much of a burden as cosigning a loan.

I just pray and hope other unsuspecting people like myself might do well to avoid this situation by reading my posts!
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