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In a crappy predicament.

bloodshed

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Hi, i just got put into a horrible scenario and i really don't know exactly what to do in this situation.

I currently have 2 residences. One is my college appartment, the other is my home. just today i was told by my roommate that he is deciding to move out next quarter, when we were supposed to be in there until june. He also refuses to help find a replacement roommate. this puts me in a bad situation for multiple reasons. the first being that we qualified for the appartment by signing together, and on our own we do not. With him leaving i will no longer be able to stay there myself without another cosigner. Plus, i go there for school not for friends. i have enough friends where i actually live, which is 160 miles from where i am going to school in bakersfield. so there is hardly any way that i can find a new roommate in the time allotted, as i essentially have 3 weeks. I can attempt dorming at the school, but they usually have a very large waiting list and that will be highly unlikely that i will be able to do that. So now i am unsure what i am to do. If i dont find another place i will have to stop attending school because i simply can not afford to stay on my own. when i ask him why hes moving out, he says im "hard to live with", which makes little sense to me because im only there 3, to 3 and a half days out of the week. it seems hes the kind of person that expects everything and to do nothing. we found a third roommate, to help us pay the rent. He decided to keep all of the rent from this person. I think my confronting him on that is what started this problem. The way it would have worked out was me paying 440 a month, the 3rd roommate 300, and him 140, with the 3rd roommate sleeping on a couch or my bed when im not there... This came out to be much longer than i thought it would be, but for those that read this, and possibly have some insight i thank you.
 

rocketman414

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Well, his name is on the presumably 12 month lease, correct?

Your parents are still paying for your housing.. right? maybe? doesn't matter actually.

Talk to him and tell him that you spoke to the leasing manager (even though you didn't) OR YOUR PARENTS (parents are better) and they said it's not possible for him to break his lease, since he signed on for the 12 months. Be nice about it and say "yeah bro, i mean, i don't know what do tell you but it doesn't sound like you'll be able to move out and stop making payments, it sounds like they have you on the hook or something.. maybe if you can find a suitable roommate replacement they will let you opt out of the lease, but they said that I alone can't be on the lease, and that you are contractually obligated to make payment until june."

Look at your lease contract. You don't owe them XXX per month, you owe them XYYYYY, which they "allow" you to split into 12 even monthly payments. He signed on for the lease, he owes the money, he can't just back out.

IF he wants to claim you are hard to live with, that is something he should've vetted out before hand.. there is little legal recourse for not liking your roommate unless your health, safety, or rights are being compromised.. now if you have steroids/rec drugs in your apartment.. you will want to get rid of those before springing this on him.

what state are you in?
 

rocketman414

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By the way, unless you signed some RETARDED lease, you live in nigeria or something ,if he moves out and refuses to pay rent, and your landlord is apathetic and just tells you that rent is owed and the landlord refuses to take action against roommate, you can take him to small claims and win outright, and maybe some damages as well. I know he's your friend, but he's fucking you over, so, maybe he isn't?


BTW, cant stress enough that if he isn't cool with AAS or rec drugs, and that's possibly in your apt or something he has a problem with, you are either screwed because you were doing something illegal and in honesty you shouldn't have been, but more importantly, you don't want the landlord coming over or any legal issues to come up where he might say something. If your place is clean, it'd be your word against his.
 

bloodshed

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Im in california. As far as the 12 month lease, im not positive if it is indeed 12 months. they never specified whether it was month to month or 12 month or what, but when they asked what the move out date would be, we put one in june. The information i have, i got through him. he says he already spoke to the leasing agent and she said it was fine, but this person is in her young 20's and based on a few things ive noticed happen while being here, im not positive how versed she is on these laws. for instance, when we moved in it was made clear that we can have no additional roommates that are not on the lease, any pet would require a 400$ safety deposit, etc. but during our time here we did get a 3rd roommate that was not on the lease, which is against our contract and she just said it was "ok". housing is being paid by financial aid and money i have saved up.
 

rocketman414

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Im in california. As far as the 12 month lease, im not positive if it is indeed 12 months. they never specified whether it was month to month or 12 month or what, but when they asked what the move out date would be, we put one in june. The information i have, i got through him. he says he already spoke to the leasing agent and she said it was fine, but this person is in her young 20's and based on a few things ive noticed happen while being here, im not positive how versed she is on these laws. for instance, when we moved in it was made clear that we can have no additional roommates that are not on the lease, any pet would require a 400$ safety deposit, etc. but during our time here we did get a 3rd roommate that was not on the lease, which is against our contract and she just said it was "ok". housing is being paid by financial aid and money i have saved up.
wait, this is university owned housing, or general public apartments?

also, you need to get a copy of your lease. Without seeing the lease, i can't 100% tell you the facts, but most, 99% , of leases require a 30-60 day notice of move out, and require a 12 month lease. you need to see how long you signed on for and what the language is.

He may have thought he was agreeing to move in with his buddy and then realized it wasn't working out, but in reality, he signed a legal contract with the leasing agent AND with you.
 

bloodshed

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By the way, unless you signed some RETARDED lease, you live in nigeria or something ,if he moves out and refuses to pay rent, and your landlord is apathetic and just tells you that rent is owed and the landlord refuses to take action against roommate, you can take him to small claims and win outright, and maybe some damages as well. I know he's your friend, but he's fucking you over, so, maybe he isn't?


BTW, cant stress enough that if he isn't cool with AAS or rec drugs, and that's possibly in your apt or something he has a problem with, you are either screwed because you were doing something illegal and in honesty you shouldn't have been, but more importantly, you don't want the landlord coming over or any legal issues to come up where he might say something. If your place is clean, it'd be your word against his.
ive never brought any AAS to this appartment. my last cycle ended 2 months before i moved in. the part that bothers me the most is that i found this out from him, and not the landlord. if he is taking himself off of the lease, shouldnt the landlord have some obligation to contact and tell me?
 

bloodshed

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wait, this is university owned housing, or general public apartments?

also, you need to get a copy of your lease. Without seeing the lease, i can't 100% tell you the facts, but most, 99% , of leases require a 30-60 day notice of move out, and require a 12 month lease. you need to see how long you signed on for and what the language is.

He may have thought he was agreeing to move in with his buddy and then realized it wasn't working out, but in reality, he signed a legal contract with the leasing agent AND with you.
it is an apartment complex about 2 miles from the school. my copy of the lease is at the appartment, and i will not be there until sunday but when i call them tomorrow morning i am going to find out exactly what the deal is. while staying there i have gone out of my way a couple times to make sure they (him and the other roommate) were feeling comfortable. i find it odd that he says this because the whole time we were there it seemed like it was their appartment and i was the guest, when i was the one who completely furnished the place etc. and i really didnt care about that. i had my room and was able to take my classes and i was good.
 

rocketman414

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ive never brought any AAS to this appartment. my last cycle ended 2 months before i moved in. the part that bothers me the most is that i found this out from him, and not the landlord. if he is taking himself off of the lease, shouldnt the landlord have some obligation to contact and tell me?
Not necessarily to contact you. If your landlord decided to take him off the lease, I *believe* they cannot require you to pay the full rent.

This just takes us back to square one, you have 120% standing to sue, and have an open and shut case. Tell him your parents are pissed and are calling the university, leasing agent, etc, you don't know what to do , play naive (this way you can avoid further ruining of your friendship)

If you don't care about the friendship at this point, talk to an attorney. You'll be able to recover attorney fees from this douche anyway, but you might not even need one for court, just talk to the attorney and make sure it's open and shut before you proceed.

He signed a contract with you, agreeing to pay half the rent until June. Jointly, you filed a contract with the property owner, agreeing to pay total rent until june. If you had illegal substances in the apartment, that is a breach of contract, that's why I asked.

This could end up being a headache for you, but in the end, you'll get the money for his part of the rent, and then you can sublease his part of the apartment and get some extra cash. In reality, he will probably stay on since he doesn't want to get stuck with the bill. In THAT case, if living with him is hell, you file motion to have the court essentially void the contract, because you had to SUE him to get him to keep his end of the agreement.. therefore you can get out of the contract if you no longer wanted to live with someone you had to sue..
 

rocketman414

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also, even if your leasing contract blows, you can still win, because you have essentially a "quasi contract" where in good faith you signed with him until june, and now he is trying to stick you with the bill.

If a husband and wife ring up 200k in vacation spending, then get divorced, (assuming both have careers..) you think cause the card has his name on it he's stuck with the bill? Nope... if you go into something in good faith that you are partners, the other person cannot back out and foot you the bill.
 

bloodshed

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yeah, i really couldnt care less about the friendship now. after living with him and seeing some of his actions i now see what kind of person he really is. selfish, greedy, arrogant, narcissistic and other related terms. I know this appartment does offer month to month deals though, which im not sure if we took or not. thats what makes this an issue, if it is month to month then what would i be able to do? would i pretty much be SOL?
 

rocketman414

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yeah, i really couldnt care less about the friendship now. after living with him and seeing some of his actions i now see what kind of person he really is. selfish, greedy, arrogant, narcissistic and other related terms. I know this appartment does offer month to month deals though, which im not sure if we took or not. thats what makes this an issue, if it is month to month then what would i be able to do? would i pretty much be SOL?
if it's month to month, then you won't be stuck with a recurring bill until June, and you have no problems other than you might not be able to afford a single apartment and have to live in dorms. i highly doubt it's month to month, even if it is, if there is something in there that you both signed saying you were staying til June, you can probably get him on the hook anyway.

if you were only able to live off campus because he was rooming with you, and now he isn't and technically your lease CAN end on the 31st of any month IF it's month to month, THEN I do not think you would have any recourse. But, if he agreed to live there til june (ON PAPER!!) then he can't back out of it and fuck you over.
 

bloodshed

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Im not worried so much about the recourse, its that if he does move out, and if i can't get into the dorms (which is highly unlikely because there is typically a very large waiting list) i will have to drop out of school altogether.
 

rocketman414

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Im not worried so much about the recourse, its that if he does move out, and if i can't get into the dorms (which is highly unlikely because there is typically a very large waiting list) i will have to drop out of school altogether.
Well. . the first step is to find out what's in your lease! There's no point in worrying about something when you won't even know if you need to worry for 3 days. If you need to worry, start on Sunday, and go from there, don't let it ruin your weekend. I highly doubt you are on month to month non contractual with no dated move out date. I HIGHLY doubt it.

It's near a school, they probably rent to students right? They lock you in for a year. That way, you can't move home for the summer and stick them with an empty apartment no one wants to live in for only 12 weeks :)
 

bloodshed

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Well. . the first step is to find out what's in your lease! There's no point in worrying about something when you won't even know if you need to worry for 3 days. If you need to worry, start on Sunday, and go from there, don't let it ruin your weekend. I highly doubt you are on month to month non contractual with no dated move out date. I HIGHLY doubt it.

It's near a school, they probably rent to students right? They lock you in for a year. That way, you can't move home for the summer and stick them with an empty apartment no one wants to live in for only 12 weeks :)
haha, well if anything it was a 9 month (which alot of these appartment complexes do indeed offer). but i am planning on calling the appartment complex tomorow to find out the details and then im going to go from there. i do have some contacts and i MAY be able to have somebody pull some strings for an early transfer to a school much closer to my home, which would be ideal, but this is only a possibility with no guarantees. thank you for your help, i will update this thread when i know more details.
 

bloodshed

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I found out the lease is a month to month, so there really is nothing i can do about it. now i'm in the situation of finding a new way to leave, attempting an early transfer, or unfortunately having to drop out of school.
 

Emery

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Beat his ass...

You'll at least feel better!
 
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