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I'm co-leasing an apartment with a roommate who I've become to feel unsafe around, I've been crashing on a friend's couch because of it. I've talked to the landlord and they are understanding but say they can't remove either of us off the lease unless we both sign for it (which I don't think my roommate wants to do) or I file a police report. This option is a possibility but what are my other options? The only thing I could think of is just pay my portion of the rent until the lease runs out while living some place else. What are the downfalls of this plan? What if my roommate tries to screw with me by not paying their portion of rent or trashing the place and leaving me on the hook for damages? Do I have any other alternatives? What else should I be worried about from a financial/legal standpoint?
I'm co-leasing an apartment with a roommate who I've become to feel unsafe around, I've been crashing on a friend's couch because of it. I've talked to the landlord and they are understanding but say they can't remove either of us off the lease unless we both sign for it (which I don't think my roommate wants to do) or I file a police report. This option is a possibility but what are my other options? The only thing I could think of is just pay my portion of the rent until the lease runs out while living some place else. What are the downfalls of this plan? What if my roommate tries to screw with me by not paying their portion of rent or trashing the place and leaving me on the hook for damages? Do I have any other alternatives? What else should I be worried about from a financial/legal standpoint?
I'm co-leasing an apartment with a roommate who I've become to feel unsafe around, I've been crashing on a friend's couch because of it. I've talked to the landlord and they are understanding but say they can't remove either of us off the lease unless we both sign for it (which I don't think my roommate wants to do) or I file a police report. This option is a possibility but what are my other options? The only thing I could think of is just pay my portion of the rent until the lease runs out while living some place else. What are the downfalls of this plan? What if my roommate tries to screw with me by not paying their portion of rent or trashing the place and leaving me on the hook for damages? Do I have any other alternatives? What else should I be worried about from a financial/legal standpoint?
Not feeling safe could mean a lot of things. If you don’t feel comfortable providing details, that is totally fine, but there is a broad spectrum there.
Paying your portion of the rent remaining and leaving probably isn’t a good idea, since you are on the lease for the entire term regardless. This person could stop paying or trash the place, or really anything, and you would be half responsible since you are on the lease.
I guess you could see if you can work out a deal, if the landlord agrees, where he takes it over completely, or a new roommate take over in you’re place. Obviously get all of that in writing if it happens.
Quite frankly I would tell my roommate that I have to move for some (fabricated) reason that would be believable to him/her. I’d offer some kind of financial incentive for us to mutually end the lease or for me to get out of the lease.
Another option is to pack up and leave and not pay anything anymore.
The LL won't care who pays the rent as long as it's paid.
The roommate will have to pay the full rent or get evicted.
He will also be required to mitigate his damages by replacing you as soon as reasonably possible (in most states - yours may differ).
Once he has a replacement roommate you will only owe him for the rent from the date you move out until the date the replacement moved in.
You might lose your security deposit and might have other consequences but, hey, that's the cost of your life lesson from the school of hard knocks: DON'T LIVE WITH ROOMATES. ROOMMATES ARE POISON.
Another option is to pack up and leave and not pay anything anymore.
The LL won't care who pays the rent as long as it's paid.
The roommate will have to pay the full rent or get evicted.
He will also be required to mitigate his damages by replacing you as soon as reasonably possible (in most states - yours may differ).
Once he has a replacement roommate you will only owe him for the rent from the date you move out until the date the replacement moved in.
You might lose your security deposit and might have other consequences but, hey, that's the cost of your life lesson from the school of hard knocks: DON'T LIVE WITH ROOMATES. ROOMMATES ARE POISON.
If roommate can’t pay rent then the eviction will also be on OP’s record because both are on the lease
Another option is to pack up and leave and not pay anything anymore.
The LL won't care who pays the rent as long as it's paid.
The roommate will have to pay the full rent or get evicted.
He will also be required to mitigate his damages by replacing you as soon as reasonably possible (in most states - yours may differ).
Once he has a replacement roommate you will only owe him for the rent from the date you move out until the date the replacement moved in.
You might lose your security deposit and might have other consequences but, hey, that's the cost of your life lesson from the school of hard knocks: DON'T LIVE WITH ROOMATES. ROOMMATES ARE POISON.
If the other person is evicted, isn’t the OP on the hook too? Since they are both presumably on the lease. Both their actions are tied to one another in my mind
You've got a problem. Even after the lease has run out, if the remaining occupant doesn't vacate, you are STILL on the hook for the rent! And if the other occupant is evicted, all people on the lease will also be evicted.
Another option is to pack up and leave and not pay anything anymore.
The LL won't care who pays the rent as long as it's paid.
The roommate will have to pay the full rent or get evicted.
He will also be required to mitigate his damages by replacing you as soon as reasonably possible (in most states - yours may differ).
Once he has a replacement roommate you will only owe him for the rent from the date you move out until the date the replacement moved in.
You might lose your security deposit and might have other consequences but, hey, that's the cost of your life lesson from the school of hard knocks: DON'T LIVE WITH ROOMATES. ROOMMATES ARE POISON.
Bad, very bad, advice.
The eviction will also be on the OP’s record.
If the roommate takes him to court they will have to pay the back rent anyway - plus have to pay court costs.
If the roommate damages the property the OP can still be held liable for all damages.
Many landlords do care who lives in their place and won’t allow just anyone to move in.
The OP should file a police report if it is so bad they are physically afraid, a protective order will force a severing of the joint lease.
Another option is to contact a lawyer, have them write a letter explaining to the roomate they would like them to sign the lease release. In consideration for doing this the OP will pay their share of the rent, despite no longer being on the lease, until they find another roommate as long as they are actively looking, not to exceed the natural end of the lease. It can stipulate their half of the security deposit can be returned once the new roommate is found, but if one is not found they will not be held responsible for any damages beyond the amount covered by their share of the security deposit. The letter should make very clear that if the lease release isn’t voluntarily signed the OP will have no choice but to file a police report and seek a protective order to force the lease to be broken since they are afraid for their safety.
Just walking away and hoping it turns out okay is not the answer.
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I'm co-leasing an apartment with a roommate who I've become to feel unsafe around, I've been crashing on a friend's couch because of it. I've talked to the landlord and they are understanding but say they can't remove either of us off the lease unless we both sign for it (which I don't think my roommate wants to do) or I file a police report. This option is a possibility but what are my other options? The only thing I could think of is just pay my portion of the rent until the lease runs out while living some place else. What are the downfalls of this plan? What if my roommate tries to screw with me by not paying their portion of rent or trashing the place and leaving me on the hook for damages? Do I have any other alternatives? What else should I be worried about from a financial/legal standpoint?
My suggestion would be if you really feel that you are in an unsafe environment is to leave. You can pay your share of the lease and give notice to the landlord that you have no intention of renewing the lease and let him/her know your intentions of moving out before the lease ends, specify the date. Another thing that I would suggest is to have the landlord do a walk-thru of the apartment the minute all your items are on a U-Haul on their way out, put that request in your letter indicating you are moving out before the lease ends. The landlord will have on record that there were no damages to the apartment right before you left. Get a copy of the walk-thru conditions signed by you and your landlord and turn in your keys and don't look back. I'm not sure what's the renting situation where you live, but in the 2 places I rented in Wisconsin they did a walk-thru before I moved in and you have to sign that the apartment is in the conditions they noted and when you move out there is another walk-thru and you pay for any damages.
It doesn't hurt to ask the landlord if they would be willing to do this. You're paying your portion of the lease, they're not losing any money from it. If your roommate decides not to pay their portion, the landlord has to work on the eviction and any damages after that walk-thru are on your roommate. If your landlord decides not to follow through on any of it, I would suggest an email after you move out indicating the above mentioned; move out date, paid in full, not renewing my lease, the denied request for a walk-thru and pictures attached to this email of every nook and cranny of that apartment showing the conditions of the apartment when you removed your items. Pictures of everything, stove, fridge, bathroom, windows, etc. Drop your keys off at the office and don't look back. Save that email for any future issues.
Good luck! It sounds like a nightmare.
Last edited by hatethewinter; 04-08-2018 at 07:42 AM..
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