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Hello I have a situation and would love to hear suggestions. I and another guy signed one year lease. In the middle of the lease after like 6 months he moved out to another state. During his move out he never seemed even remotely concerned about finding a replacement or honoring his part of the deal.
However to save my credit history, I found a replacement for him and had the new guy stay in his place so that we could continue paying the rent - I articulated to the old guy that this setup is a complete responsibility of his and that I can never be responsible for anything arising out of the arrangement. Needless to say this arrangement was not permitted under the lease agreement and we never told land lord about it.
All went well for four months, but recently the 'new' occupants decided to move out as well. Now I am left with two months of rent and damages to pay and my original roommate who signed the lease with me does not pick up the phone and he sounds like he doesn't want to pay the rent.
How do I go about fixing this mess I am into?
1. Will legal recourse lead me into trouble due to the intermediate arrangement I facilitated?
2. Can I press the landlord to evict him from lease agreement? Although he does not live here
any longer, I am loathe to fact that paying rent fully from my pocket completely bails him out from a
difficult financial situation which should have truly been his, but has become mine - I value my
credit history and have lot more to lose. He does not, and is exploiting this fact.
Ultimately I have to blame myself for getting into this situation by signing lease with him. I should have never trusted a stranger.
But what are my options here? How can I decrease my losses? How can I pass on at least some of the consequences that are so unfairly inflicted upon me!
I and another guy signed one year lease.
In the middle of the lease after like 6 months he moved out to another state.
I found a replacement for him ...
...this arrangement was not permitted under the lease agreement
and we never told land lord about it.
All went well for four months...
Now I am left with two months of rent and damages to pay
How do I go about fixing this mess I am into?
1) Talk to the landlord about the situation.
2) CLEAN everything that is cleanable.
3) Assess the actual dollar value of the remaining damages.
4) Negotiate a settlement with the LL.
5) Don't expect this to not cost you a fair bit.
At the minimum ... all the security deposit money is gone.
6) Start packing.
1) Talk to the landlord about the situation.
2) CLEAN everything that is cleanable.
3) Assess the actual dollar value of the remaining damages.
4) Negotiate a settlement with the LL.
5) Don't expect this to not cost you a fair bit.
At the minimum ... all the security deposit money is gone.
6) Start packing.
Thanks MrRational, I still have two months left on the lease, coughing out his part of rent for next two months is expensive.
At bare minimum I would like to at least pass on some of those consequences to him that are inflicted (unfairly) on me!
He isn't even paying the rent he agreed to pay. How do you expect to get him to share "consequences" without it costing YOU much more?
Unfortunately, this may end up being an expensive lesson for you.
I was thinking more on the lines of getting him evicted from the lease agreement. If I am paying the full rent then let it be only my name on the lease.
I'd suggest sending him a few letters demanding rent. If he doesn't pay, you'll need to pay rent and then take him to small claims. Just document everything.
I was thinking more on the lines of getting him evicted from the lease agreement. If I am paying the full rent then let it be only my name on the lease.
That won't happen. His name can't be removed from the lease without the consent of all parties to it (you, the LL and him) and the LL cannot evict him unless he evicts you as well. If you don't pay the rent or otherwise default on the lease which compels the LL to seek an eviction, both you and the former roommate will be named in the lawsuit as cosignatories and a judgment will be rendered against both of you. If the former roommate is unable to be served it doesn't let him off the hook but the onus will be on you to recover rent from him in a separate lawsuit.
Thanks MrRational, I still have two months left on the lease...
TALK to the landlord. Today.
Quote:
I would like to at least pass on some of those consequences...
If wishes were horses...
Again:
1) Talk to the landlord about the situation.
2) CLEAN everything that is cleanable.
3) Assess the actual dollar value of the remaining damages.
4) Negotiate a settlement with the LL.
5) Don't expect this to not cost you a fair bit.
At the minimum ... all the security deposit money is gone.
6) Start packing.
Again:
1) Talk to the landlord about the situation.
2) CLEAN everything that is cleanable.
3) Assess the actual dollar value of the remaining damages.
4) Negotiate a settlement with the LL.
5) Don't expect this to not cost you a fair bit.
At the minimum ... all the security deposit money is gone.
6) Start packing.
I would love to talk to landlord, but this is a big apartment community not individual property owners. Do you think they would co-operate? The last time when I talked about something incredibly trivial they started chanting lines from the lease agreement.
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