Need Advice on Potentially Flakey Roommate Situation (apartment, lease, credit card)
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Recently a co-worker and I agreed to rent a two bedroom/two bathroom apartment together. Prior to our agreement, he had been living with his gf in a 1 BR apartment and I had been living in a studio apartment. His gf left him for whatever reason and he was left alone with monthly rent that he could not afford. Though my budget was tight, I was living happily in the privacy of my own place.
After his ex-gf moved out, we discussed getting a place together. I was very up front with him that the only way I would give up my privacy is if it was financially beneficial to me (either I saved on rent or rent was same but apt offered more space, amenities, etc.) In fact, we went back in forth on email negotiating one another's terms (I still have the email string as proof). I was very specific in what I wanted in order for me to leave. Two of the most important terms were that I could not spend more than what I was paying now and that we would get the Internet and split the bill 50/50. He agreed to my terms and we ended up moving into a nice two bedroom apt.
Now, after a couple days of living together, he's hinting that he will not follow through on some our mutually agreed upon terms. For one, we agreed that he would get the bigger room in the apartment, which included a private bathroom and I would pay $20 less than him overall in rent (so like a 45/55 split). We paid our first month pro-rated rent and he did not follow through with our prior agreement. Instead, he paid only 50% and left me with the other 50%. Though not a huge issue since it was a pro-rated amount, it left me feeling a bit leary, to say the least. Now, he's hinting at not wanting to pay for the Internet, but instead steal it from whoever has left their wireless connection unsecured. I don't like this idea for several reasons. For one, I pay all my bills online pretty much, and I don't like the idea of my credit card info streaming across other people's unsecured IP addresses. Secondly, I do everything on the Internet, from checking email to watching shows to streaming music to downloading songs.
If he doesn't follow through with any of this, not only will my financial burden increase, I will not be happy at all. So, do you guys have any suggestions? Should I consider finding a replacement for me and moving out? This sucks since we just moved in this past weekend and already he's possibly flaking out on me. Any advice is appreciated.
While I would also say get out when you can, the reality is that you signed a lease. You are obligated. Take it out and check the fine print: if it says anywhere that you are "joint and severally responsible" for the terms of the lease, that means that what ever he doesn't pay...you are legally bound to. (He can disappear and you get to pay everything.) If you got lucky enough to find a lease that does not include this language, then you can find out what it would take to break your portion of it. At the very least -- stick it out but don't renew the lease with him.
Now as for the Internet....you might have to get it. BUT....if you do, you can have your revenge. You can have it installed and encrypt it with a 28-digit password of randomly generated letters/numbers that they give you...and just don't give him that key. Protect your own computer with a logon password so that he can't use your computer when you are not there. Then, any month that he pays half, give him the encryption key. Change it the next month until he pays again.
Last piece of advice: do not pay half of ANY bills directly to him, even if the bill is in his name. Make your check out to the company. If you make a check out to him for your Internet bill, for example, he can cash it and keep the money and not pay the bill. But if your check is directly to the company, it can only go to the company.
And YES....I did learn all of these lessons the hard way!! Good luck to you.
Last edited by Sloaf; 10-12-2009 at 04:17 PM..
Reason: correction
These are the risks you take when you take on a roommate, even if it's someone you know. I don't see why you would give up a your own studio apt. for a room, but you did, so IMO I think it's a little early to throw in the towel. I would have a sit down with my roomie and remind him of the agreement you made. If he tries to pull some more funny business, then I would try to find a replacement and move out. But now, if you move out you will have to find another apt., or roommate for yourself so that's a whole 'nother mess. You should have stayed where you were at IMO, but hindsight is 20/20 I guess.....
Lots of red flags! If possible, get out now! If your stuck in the same apt. for any length of time with him...protect your CC's and any private info you have. Looks like there was a really good reason for his ex to kick him out.
These are the risks you take when you take on a roommate, even if it's someone you know. I don't see why you would give up a your own studio apt. for a room, but you did, so IMO I think it's a little early to throw in the towel. I would have a sit down with my roomie and remind him of the agreement you made. If he tries to pull some more funny business, then I would try to find a replacement and move out. But now, if you move out you will have to find another apt., or roommate for yourself so that's a whole 'nother mess. You should have stayed where you were at IMO, but hindsight is 20/20 I guess.....
Hindsight is 20/20. I was given no reason to expect he would do this, but I'm sure that's the case for most people. I talked to my old apartment manager, and she said they should have some openings at the end of the month. Worse comes to worse, I'll find a replacement and move on.
Lots of red flags! If possible, get out now! If your stuck in the same apt. for any length of time with him...protect your CC's and any private info you have. Looks like there was a really good reason for his ex to kick him out.
I'm not sure I'd go as far as saying I need to hide my valuables, but it does concern me what he might back down on next.
First thing you want to do is see if your lease allows you to do that. Did you rent rooms from your landlord or an apartment? If you rented rooms, you are individually responsible, and pretty much the rest of what I'm saying goes out the window. If you rented an apartment, you are probably jointly responsible. You can only be let out of the lease with both the landlord's and the roommates consent. Otherwise, even if you move out, you could still be held financially responsible if the roommate doesn't pay the rent. In addition, if you rented an apartment, a new roommate can only be added with the consent of both the landlord and the existing roommate. If the roommate decided to be uncooperative, this could become very messy.
If you find a replacement for yourself, does the lease say subleases are allowed or not? If you sublease, again, you are still the primary on the lease and legally and financially responsible if your replacement doesn't pay, or causes damage.
Next, does the lease say anything about breaking the lease? There may be a clause that tells you what you need to do in that situation. If there is, do that.
You could try talking to your landlord and see if they will let you out of the lease. If they are willing, you should have both the roommate, the landlord and yourself sign something that says you are removed from all obligations (ours also says "rights", to protect our side) to the property. Your local law may vary, but its a good idea anyway, to cover yourself with a paper trail.
More likely though, the landlord will tell you, as you are thinking, that you will need to find an acceptable replacement before they will sign off. And if you were both accepted based on your employment or income, they may not agree to let you out without someone equally responsible. And don't forget, they have to be acceptable to the roommate too. You and the landlord can't force the roommate to let someone live with them.
Bottom line, if either the roommate or the landlord refuses to sign off on removing you from the lease, you remain responsible. If the roommate doesn't pay, the owner/landlord can and probably will sue you both for rent, even if you aren't living there anymore.
*Edit* As always, take this with a grain of salt and a large dose of local law. I am not an attorney, and local laws vary wildly.
Try having a sit down talk and put everything in writing. remind him of the agreement you had before moving in together. Since you leased an apartment together, it's between the two of you on who pays what, etc.
You may have to wait out the lease to get out of it without hurting your credit and rent history.
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