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So I had this roommate from Hell who moved in on July 1. By July 12th, she had proved herself a supreme *****, and I said nicely & quietly that I thought we were having a really hard time and I didn't think the living arrangement was going to work out, but that if she wanted to try to make it work, I was willing. She responded bitchily that if I didn't want her here, she didn't want to be here. Which was understandable I guess.
She agreed to be out by August 1, as long as I gave her the security deposit right then (July 12th) instead of after she left. This was going against standard procedure, but to get her out I gave her the deposit, retaining $50 for when she actually handed over the keys and left on August 1.
She told me that I could have her couch, as it would be too much trouble for her to take with her. I said I didn't care either way. She said again that I could have it.
I asked her to please pack up all her stuff and put it in boxes, since I was giving her her security deposit early anyway. She said she would pack up the stuff in her bedroom. I asked her to pack her dishes too, and offered (nicely, not in a nasty way!) to move them into her room for her. She screamed at me not to touch her stuff, or she would call the police, etc., etc. This screaming thing had been going on for a while, by the way, which is why we had problems in the first place. So anyway, I didn't touch her dishes or any of her other stuff.
Up until this point (July 12th) she had hardly ever been here, as she spent most of her time at her significant other's apartment. She had been here maybe 2 nights. On July 12th she started packing her stuff up, and did not eat, sleep, or live here at all.
She ended up packing her dishes early after all, like on the 16th I think. By July 16th, almost all her stuff was not only packed but out. She was not living here at all, and her bedroom was completely empty. The only things remaining that belonged to her were her couch, a shower caddy, some placemats, a curtain, a gray storage bin, and some food in the fridge. She had packed up some of my forks & spoons (by accident I think).
On July 20th I got an email saying that the couch and the food in the fridge would be out sometime that week (this would have been last week). She may have forgotten about the other small items she has here.
I responded saying that:
1. the Con Ed bill had come (it was $156, but most of that was me and my air conditioning, as she had been here for a total of maybe 3 days & 3 nights), and it would be $5 for her.
2. she had taken some of my silverware, and would she return it, please. I mentioned that if she preferred, I could just charge her $15 for the forks & spoons, and take that out of the remaining $50 of her deposit that I owed her (in addition to $5 for the Con Ed bill).
3. if she continued to not be here for the rest of the month, except to move her couch and food, I would assume that she would owe me nothing for the next Con Ed bill (my Con Ed cycle starts in the middle of the month).
4. So, if she returned my forks & spoons, I would pay her $45 instead of the $50 that I still owed her for security (because of $5 taken out for Con Ed), and if she didn't return them, I would pay her $30 instead of $50.
She never responded, but what was strange is that she didn't show up to get her couch, food, placemats, etc., and to exchange keys & money. It's not yet August 1, but she did say in the email she sent me that she would be here last week, and every other time she's said she would be here to pick up her stuff, she's been here.
Sorry this post is soooo long! I have 2 questions. One is that I'm worried that she's now planning to sue me for the $20 I'm charging her for Con Ed and my silverware. It seems like something she would do, or at least threaten to do. Not that I have anything to be afraid of with court, but I've already spent too much time dealing with her.
Can you even take someone to housing court for $20? Perhaps I am being self-righteous too, making such a big deal over silverware, although I am pretty broke these days and could really use my silverware! So, perhaps it would be better just to give her the $20, even if she doesn't give back my forks & spoons.
My 2nd question is, assuming she DOESN'T show up by August 1, am I then responsible for getting her her couch, placemats, etc., & money? She is not answering emails or text messages, and I don't have a mailing address for her. If I have to wait for her to come and pick her stuff & money up, how long do I have to wait, before I can throw her stuff out?
I'm confused and afraid of her screaming in my face yet again. Just don't want to deal with her anymore.
I wouldn't worry about the money part of it or rather her suing you over it as it costs minimum $50 to file in Small Claims, depending on your jurisdiction.
As far as her stuff is concerned, once August 1 hits she is no longer a tenant and - again this is dependent on your jurisdiction but is pretty standard - you can give her written notice that if she doesn't arrange to pick up the rest of her belongings by such and such a date they will be disposed of. Check your local statutes for sufficient notice. Since you have no mailing address for her, email the notice to her and make sure to keep a copy of everything. Good luck and congratulations on having so easily rid yourself of a bad room mate!
Give her the $20. It isn't worth the hassle.
Send a certified letter giving her 5 days or whatever to get her stuff BEFORE you change the locks on the door.
I wouldn't worry about the money part of it or rather her suing you over it as it costs minimum $50 to file in Small Claims, depending on your jurisdiction.
As far as her stuff is concerned, once August 1 hits she is no longer a tenant and - again this is dependent on your jurisdiction but is pretty standard - you can give her written notice that if she doesn't arrange to pick up the rest of her belongings by such and such a date they will be disposed of. Check your local statutes for sufficient notice. Since you have no mailing address for her, email the notice to her and make sure to keep a copy of everything. Good luck and congratulations on having so easily rid yourself of a bad room mate!
Agree, August 1, change the locks. I would even if she were to return yours keys.
Burn Everything. Take pictures, preferably with you laughing in the backround. Send copies certified mail.
Nah, just sen her the $20 and hope never to see her again. When I moved, I gave my roommates 1 week to get their crap out of my house. On day 8, it all went to the dump with the hauling fees taken out of their deposit. It may have been a bitchy move on my part, but after all the hell they put me through it was the least I could do.
Burn Everything. Take pictures, preferably with you laughing in the backround. Send copies certified mail.
Nah, just sen her the $20 and hope never to see her again. When I moved, I gave my roommates 1 week to get their crap out of my house. On day 8, it all went to the dump with the hauling fees taken out of their deposit. It may have been a bitchy move on my part, but after all the hell they put me through it was the least I could do.
And if they had taken you to Small Claims court, the judge might well have decided that one week's notice wasn't sufficient and you may have ended up paying them. Getting even often feels good but if you stray outside the law in doing so it's often a very expensive lesson.
And if they had taken you to Small Claims court, the judge might well have decided that one week's notice wasn't sufficient and you may have ended up paying them. Getting even often feels good but if you stray outside the law in doing so it's often a very expensive lesson.
It was a complicated situation, which is why I was sure none of them would sue. They all knew we had 30 days to vacate (LL sold the house) but decided to leave the crap they didn't want there so I would take care of it. Boy did I take care of it
She moved in on July 1st and by July 12th you decided it wasnt gonna work out? Was it because she was never there and always at her boyfriends? Thats pretty quick.....I think I would be a little angry myself if that happened.
I always thought that a room mate that was never home was the "perfect" room mate!
Call Goodwill, they will come pick up any decent stuff...
In Idaho, if a tenant leaves belongings behind, without instruction to discard of it, you legally have to store it for 3 years at your expense. If they ever show up to claim it, they have to reimburse you for the storage. If they never show up, you can sell it to try to regain some of the storage fees. If you can sell it for more than the storage fees, you have to turn any additional over to the state's Unclaimed Property department. Alternatively, you can file an eviction, and the sheriff will show up, take the stuff and do the rest for you.
We have it in our lease that if belongings are left behind and after a good faith effort from us, the tenants do not pick up their stuff, we are authorized to discard of it. This counts as preemptive instructions.
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