Room Mate Issue-Question for Lawyers

[randallr]

Situation: My room mate no longer goes to my school and moved back home to attend school closer to home. He moved out in about October. The other day he told me this was the last month he was going to pay rent. He justification was "it's either for you and Jared(my other room mate) to make up my difference than for me to pay the whole thing". He isn't actually paying and I think his dad said he could get an apartment in Lexington if he got his situation up here subleted but he hasn't. His name is on the lease and everything. Can we take him to small claims court and force him to pay us?

Thanks for all the help.

 

[odoreater]

People still haven't learned that lawyers don't give out advice over the internet?

 

[randallr]

Why not? All I'm asking is if small claims court will do anything. I tell you guys when you look fat and ugly in your clothes. Is it something to do with the legality of me taking your advice?

 

[crazyquik]

Do you know any Jersey guido mobsters who can break his kneecap?

 

[odoreater]

Originally Posted by randallr

Why not? All I'm asking is if small claims court will do anything. I tell you guys when you look fat and ugly in your clothes. Is it something to do with the legality of me taking your advice?

No. Whenever a lawyer gives advice, he forms an attorney/client relationship with the person he is giving advice to (even if it's over the internet). Those poses several problems, including the fact that the lawyer might not be admitted in your jurisdiction (i.e., practicing law without a license), and the possibility of being sued for malpractice if the advice turns out to be wrong. That's why lawyers don't like to answer legal questions over the internet.

My best advice is to consult a qualified attorney familiar with the laws in your jursidiction and with the factss of your particular case.

Originally Posted by crazyquik

Do you know any Jersey guido mobsters who can break his kneecap?

No. But if you were to ask me if I know a guy who knows a guy who could take care of a problem like this, then my answer might be different.

 

[randallr]

Basically all of my girlfriends family are lawyers I guess I will have to ask them. Is there anyway you could just state that you were giving an opinion not really advice? I dont want to take him yo court if I don't have to. In small claims court do they actually have to appear?

 

[EL72]

I am not a lawyer but am a landlord and have faced this situation with tenants moving out. It depends on whether all the roomates are jointly responsible for the lease agreement, as opposed to individually. If you are all jointly responsible, then you must cover his share of the rent if he stiffs you and it's up to you to try to recover your $ from him. Otherwise, it's the landlord's problem and he must sue the individual tenant who does not honor his lease agreement.

That said, for practical reasons, it's always best if you settle these matters outside of court. Just find another roomate to whom the deadbeat can assign his share of the lease to. It should be his responsibility to do so but the fact is you are likely on the hook for the $ so I wouldn't waste any time.

 

[randallr]

Originally Posted by EL72

I am not a lawyer but am a landlord and have faced this situation with tenants moving out. It depends on whether all the roomates are jointly responsible for the lease agreement, as opposed to individually. If you are all jointly responsible, then you must cover his share of the rent if he stiffs you and it's up to you to try to recover your $ from him. Otherwise, it's the landlord's problem and he must sue the individual tenant who does not honor his lease agreement.

That said, for practical reasons, it's always best if you settle these matters outside of court. Just find another roomate to whom the deadbeat can assign his share of the lease to. It should be his responsibility to do so but the fact is you are likely on the hook for the $ so I wouldn't waste any time.

Thanks for the advice. We are all responsible for the total amount together and I know it is my responsibility to get the money from him. Do I stand any ground in court if it is written this way?

Thanks EL72

 

[EL72]

Originally Posted by randallr

Thanks for the advice. We are all responsible for the total amount together and I know it is my responsibility to get the money from him. Do I stand any ground in court if it is written this way?

Thanks EL72

Obviously, he signed his name to a lease and has not held up his part of the deal. I would threaten to sue him to get him to either pay of find someone to take his place but if this has been going since October, you should have planned for this a long time ago. How long did you think the guy would keep paying rent after moving back home? You should have been looking for another roomate 3 months ago.

 

[Tarmac]

His name is on the lease, it's obviously different than if it wasn't on the lease. You at least have that on your side for leverage.

You can try to sue him but it will probably be far easier to pressure him into finding another roommate to take his place. Maybe you can convince him to pay one more month while you all look for a renter.

Or, maybe you can convince him to pay you 2 more months and be done with it, while you work hard to get a roommate within a month so you can pocket that extra rent.

 

[randallr]

Originally Posted by EL72

Obviously, he signed his name to a lease and has not held up his part of the deal. I would threaten to sue him to get him to either pay of find someone to take his place but if this has been going since October, you should have planned for this a long time ago. How long did you think the guy would keep paying rent after moving back home? You should have been looking for another roomate 3 months ago.

He's loaded and didn't think it would be an issue. Plus I figured it wasn't my job to do that for him. We werent sure if he was coming back this semester.

 

[lee_44106]

Is Conne acting up again?

that kid needs a serious ass-wupping

 

[Sid]

What state are you in? How many months left on the lease?

 

[Joffrey]

Isn't it up to the landlord/management company to take him to court? Or are the two of you somehow liable for his portion of the rent.

 

[freefinancialadvice]

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