Roomy Problems - Lease?

Question

My roomy, who's super mean (harms my cats by kicking them), puts his stuff all over my apartment without my permission and brings drugs into my home. He's paid for the whole month, we had a verbal agreement that when he'd move out he'd give me 30days notice on the first since it would be hard for me to find a new roomy willing to move in in the middle of the month. He waited to give his 30-day notice on the 7th. So he won't leave until the 7th of September. He refuses to give me any money for the first week of September. Called the police department cuze he was threatening me and they said they couldn't do anything. The landlord will probably tell me he moves out on the day he agreed to on the notice. Is that okay? Can he actually live here for me, cuze let's say he decided to give a 30-day notice but not pay any rent for that 30-days (is that allowed)? Do I have any rights? How, what do I do to get rid of him before September. Please help me.

Answer 1

Honestly, it sounds like it will be a relief to you once he is gone.

Depending on what state you are in, your roomie may be required to give you a full rental month's notice to move out, as a month to month tenant with a verbal agreement. Each state has laws that govern a tenancy when there is no written agreement. You would need to check your state's landlord/tenant laws for specifics.

Depending on your state's laws, if he stays until September 7th, he may be liable for the full month of rent for September or only for the 7 days.

If he does not pay you rent, you need to serve him with the proper pay or quit notice, per your state's laws.

If he leaves owing money, you can sue him in Small Claims court - the cost to file would be added to his judgment if you win. Even if you get the judgment, you may not see any $$ for some time.

You would need to follow up and attempt to garnish wages or his bank account.

Answer 2

Verbal agreements are worthless and clearly this bad roomy isn't going honor anything he doesn't have to.  Just be glad he is giving the minimum 30-day notice.  It shouldn't be hard to find a roommate willing to move-in after the first -- especially in September which may be a high rental demand due to relocating college students.

Yes, your roommate is liable to pay through the entire 30-day period.  However, if he refuses to pay, then you need to write a demand letter to him (and keep a copy).  You can probably take him to small claims for the unpaid rent and damages; however, the filing fees ($90-200) may exceed the amount owed and there's no gaurantee you'll win or collect.

Yes, you have rights, but they may be hard to litigate in a roommate situation.  Who is on the lease?  Do you and your roommate have a rental agreement between each other?  If your roommate paid rent directly to you, then you're his landlord and can follow your state's landlord/tenant laws to evict and collect.  

The landlord is not going to get involved in your internal roommate dispute.  The landlord rented the entire apartment -- not rooms.  Make sure the rental agreement is amended to remove the vacating roomy.  Otherwise, the roomy can still claim a right to access the apartment and the security deposit refund.  Also, be aware that you are responsible for all damages caused by the roommate -- the landlord cannot and will not differentiate which roommate caused what damage.  

Google your state's landlord/tenant laws.  

Answer 3

You left out a very, very important piece of information:

Who's name is the lease under?

If it's under yours, then he is obligated to pay you, but he isn't obligated to pay the landlord anything...you are.

You can't call the police because he refuses to pay rent...you have to take him to court over that.

You'll just have to take him to court for the 7 days in September.

Answer 4

be happy your roomate is leaving because he doesnt sound like a very good roomy ,

tell him about the money he owes you , and start looking for another roomy right away , hopefully a better one ,

i had the same problems when i was apartment sharing and it was a great learning experience for me and a building block of life ,

i am what some people would call a high roller now that has his sh.t together ,,,,

good luck