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Old 09-01-2008, 12:33 AM
 
Location: San Jose, CA
7,688 posts, read 29,199,271 times
Reputation: 3631

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If you're not on the lease, then you're in a good position as you now have a good reason not to pay ANY rent.. without a doubt, you should withhold your share until he can come up with his share, and make him solely responsible for any late fees. It's the kind of situation that could turn ugly, though, so you should be prepared to stay in a motel for a couple nights if you need to..
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Old 09-01-2008, 08:36 AM
 
Location: Land of Free Johnson-Weld-2016
6,470 posts, read 16,446,347 times
Reputation: 6522
In my state if a tenant moves in and has no written lease, then he/she has a non-verbal agreement and both sides are bound to this "lease" including the provision to pay rent. If the writer has EVER paid rent and the landlord has EVER accepted it, he may indeed have a tenancy agreement with the landlord (written or not) and is required to continue to pay rent.
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Old 09-01-2008, 09:23 AM
 
Location: Maryland's 6th District.
8,357 posts, read 25,281,782 times
Reputation: 6541
Quote:
Originally Posted by kinkytoes View Post
In my state if a tenant moves in and has no written lease, then he/she has a non-verbal agreement and both sides are bound to this "lease" including the provision to pay rent. If the writer has EVER paid rent and the landlord has EVER accepted it, he may indeed have a tenancy agreement with the landlord (written or not) and is required to continue to pay rent.
Really? How would this be legally binding?
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Old 09-01-2008, 01:30 PM
 
516 posts, read 1,890,825 times
Reputation: 273
Quote:
Originally Posted by kinkytoes View Post
If the writer has EVER paid rent and the landlord has EVER accepted it, he may indeed have a tenancy agreement with the landlord (written or not) and is required to continue to pay rent.
I can't see how that would work if the roommate give the rent money to the tenant and the tenant pays the rent. There is no transaction between the roommate and the landlord.
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Old 09-01-2008, 06:51 PM
 
Location: Land of Free Johnson-Weld-2016
6,470 posts, read 16,446,347 times
Reputation: 6522
Quote:
Originally Posted by tony23 View Post
I can't see how that would work if the roommate give the rent money to the tenant and the tenant pays the rent. There is no transaction between the roommate and the landlord.
You're right. If the landlord doesn't know that the roommate exists, then there would be no agreement. In my state the non-verbal month-to-month lease is just there. I think if there were a dispute about this kind of lease, both parties would have to go to court.
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Old 09-02-2008, 07:37 PM
 
516 posts, read 1,890,825 times
Reputation: 273
It might also be a good idea for the OP to start socking away the money he would otherwise be paying in rent. If he works something out with the landlord, that's great. If not, he has some money in hand if he has to move quickly.
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Old 09-02-2008, 10:17 PM
 
5 posts, read 41,767 times
Reputation: 15
Thanks for all the advice so far...

My roommate finally got an unemployment check which covers part of his half of the rent. He wants to take that plus my rent and send it to the landlord.

The first issue is that I don't think he has communicated with the landlord so I'll save all of you kind folks from an obvious reply: I'm not going to go along with this plan unless I know he has spoken with the landlord!

The second issue is that the unemployment check is the only money he has toward the rent. He doesn't have the other few hundred. This means the part time job has only paid enough to take care of miscellaneous bills and day-to-day expenses.

If September is a big concern, then October is a HUGE concern. There will be no more unemployment checks: the roomie was only out of work for a week or two before starting the part time job. Even if there is more unemp coming, it will be 'differential' since the part time job is on the books. This means any additional checks would be tiny.

Should I just pack my crap and move? I really don't want to! I like the apartment and the neighborhood. Should I go ahead and call the landlord even if the roomie doesn't want me to?

Thanks for everything...
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Old 09-03-2008, 12:02 AM
 
Location: Las Vegas, NV
700 posts, read 2,599,752 times
Reputation: 404
Call the landlord...

Roomie doesnt want you to because he knows that he will be discovered as a risky tenant. Not his choice in this matter

I say flip the script..
Sign a lease on the apartment, with only your name, pay the whole rent for Sept (nice of you, and most likely will happen anyways). and tell roomie that he pays all of October. If roomie cant pay on October 1st the entire rent (and bills, since Im sure he cant pay Septembers bills)...he has 30 days to move out (which is generous of you). You pay October full if he cant...poof, your apartment....and look for new roomie of your choice to move in November (with personal contact not lease) More then likely you will end up paying more anyways, why not leverage yourself to take the apartment? I know sounds kinda harsh....but thats life.

He got himself in this position by losing a job and not having emergency funds. Not your fault...sucks...but not your fault. Why should you move and pay deposits for a new place, when he is the one that has made poor choices. We all have moments of struggle in our lives, but you are not a saint and shouldnt be taken advantage of. Tell him to pick up cans on the highway, get another job, sell blood....I know those sound extreme and most young people with too much pride think they are above hard work....but honestly some of us have nobody to bail us out of a jam and have to do what we have to do!
You will be bailing this person out, and you need to protect yourself...thats what Im saying.

You have the upperhand, and not because of something devious....Its his own lack of responsibilty that got him there.

Just my idea...
5
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Old 09-03-2008, 01:08 PM
 
516 posts, read 1,890,825 times
Reputation: 273
Quote:
Originally Posted by 5chevin5 View Post
Sign a lease on the apartment, with only your name, ...
Only problem is that the landlord can't sign a lease with a new tenant without first terminating the prior tenancy.
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Old 10-28-2015, 09:36 AM
 
930 posts, read 702,235 times
Reputation: 1040
Quote:
Originally Posted by I love the Bears View Post
No - you're going to have to move. This is why you never share ownership/use of anything with anyone. It sucks - but it's a life lesson......
Joint ventureship is a very common business practice, and can result in good returns. It's just that in this particular case, it did not work out well.

I would reach out to the landlord.
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