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Help!! Roomie walked out on lease... what are my options?


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Hey all! Well... this one is somewhat off topic. I feel like I am going to be turning into a CA. LOL

My roommate and I moved into an apartment approx 1 month ago. I talked to the manager of my previous apartment and they allowed me to move to another property and waived some of the conditions to upgrade into a 2 Bedroom apartment at a sister property. I havent even recieved the bill on this yet.

We signed a lease on the new apartment. Our verbal agreement is that he would pay 326 of $726 rent plus half of utilities.

I ran home last night to find that my roomie had packed everything he owned and left in the middle of the day.

Not one word to me.

I tried looking info up on the net but came up with no solid answers. Do I have any legal recourse here? I am thinking that he is still liable for 1/2 of rent and utilities. Would this be a good small claims case? Where should I start? Should I have him removed from the lease? Since he packed up and left does he still have a right to enter the apartment if he is on the lease?

With some creative thinking, I can cover the payment but am I really stuck with no options here?

Any opinions or ideas welcome. Thanks in advance! (((HUGS))) -Jenn

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Ouch...not sure if to offer condolences or congrats. You're probably better off without the guy, but that's not really what you're asking...

1. If both of you signed the lease, then he is indeed responsible for it just as much as you...but...I don't think there's anyway for you to use that against him without adversly affecting your right to live there.

2. And, as long as his name is on the lease, he probably has the right to show up there unless you get a court order barring him from the premises. So, I'd suggest you get the lease switched to your name only...and change the locks...asap.

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I have gone through this. Your roomate can enter the apartment as long as he is on the lease. The only way to get him off the lease is to sign a paper stating you are releasing him from his obligations under the lease and assuming all resposibility.

If it were me, I would file a small calim for the $326 times (11 months- were you on a 1 year?) which would be $3586. You could get that, he signed the lease. You could always settle for less in exchange for letting him off the lease.

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I would also read through your lease. I have seen many that state in the case of roommates, if one moves out, the other is still responsible for making the full monthly rent payment on time and carrying out the lease terms.

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$726, oh I *wish*. That is half my rent in a one bedroom. :? That's Miami for you though.

:shock: Holy CRAP! That's our mortgage payment....on a 1600 sq ft house with an in-ground swimming pool!

((((((((((Tulsa))))))))))))))

Jenn, like I said before, screw the roomie, break your lease, and move to Tulsa. Shellie and I could use a roomate. You can play with the beeeeeeeeagles!! :D:wink:

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Chase-

My rent is $1200 for a one bedroom... it's going up to $1300 in April. Parking is $150 in my building. But, mine is $50 because I worked out a deal when I came to the bldg. The $1200 is a deal too, because the studios are more than that. The 2 bedrooms on high floors facing the water are $2000. I looked at one place (for sale) that was $285k. They had bought it pre construction for less than $200k 6 mths earlier. I am getting ready to do the same thing. :)

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A 1600 square foot house with a pool will cost you around $250k here. Housing prices on new homes are going up here by about $5k a month

1 BR apartments, $700-800.

When you consider the median family income is only $36k here, home purchasing is out of reach of most families here.

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BTW- your lease is binding on all parties and at the very least could be used as evidence that your roomie promised to pay- I would go to small claims court.

I am thinking I may do just that. The problem is.. i dont know where he went. I know he works. Tomorrow night I am going to hit research mode and see what I can figure out.

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A 1600 square foot house with a pool will cost you around $250k here. Housing prices on new homes are going up here by about $5k a month

1 BR apartments, $700-800.

When you consider the median family income is only $36k here, home purchasing is out of reach of most families here.

I couldn't find one under $300k. Well, I could but they were shacks. Have thought about going North. You must be a little further away.

I agree on the small claims.

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Well.. I'm paying $1400/month on an 1800 sq ft 2 BR Condo that I rent from the owner. That amount is 1100 + 300/mo condo fees, but its a HELL of a lot better than a similar and smaller sized apt in some noisy old complexes around here (which I can't get into 'cause of my awful credit !). A 1br apt here in a DECENT neighborhood will cost you 800-1,000/mo. I live on the 5th floor of a 5-story condo building. I have a top corner unit, with amazing views in 2 directions, the building is controlled access and filled with retirees, so you can't beat it for peace and quiet. Since I can't get into the multitude of apt complexes around here, I pay a bit more than I would in those places, but I have MORE room and more peace of mind.

I could probably rent a small house for less - if I wanted to live near the airport runways or near 'the hood', and put up with hoardes of screaming rugrats.

I like my peace and quiet, adult neighbors, and the safety of the building :)

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