My Roommate Breaking Contract, what can I do? Options

[Jen]

My roommate has suddenly come home from a weekend vacation and says, she has to move out, my cats are giving her asthma.

Keep in mind, she has been here for 5 months without any problem until now.

We have a month to month lease with her, and asked her to give us 30 days upon her leaving. She says she's moving out today and can't give us 30 days.. aka she won't give us next months rent (which is coming up).

Upon moving in, she gave us a $125 deposit.

What can I do? Can I take her to court and collect for the rent she is supposed to be paying (prorated of course)?

Please let me know. Thank you.

On the other hand, I'm kind of glad she's leaving. I didn't like her one bit. =)

[Random_Stranger]

My roommate has suddenly come home from a weekend vacation and says, she has to move out, my cats are giving her asthma.

Keep in mind, she has been here for 5 months without any problem until now.

We have a month to month lease with her, and asked her to give us 30 days upon her leaving. She says she's moving out today and can't give us 30 days.. aka she won't give us next months rent (which is coming up).

Upon moving in, she gave us a $125 deposit.

What can I do? Can I take her to court and collect for the rent she is supposed to be paying (prorated of course)?

Please let me know. Thank you.

On the other hand, I'm kind of glad she's leaving. I didn't like her one bit. =)

Sounds like you two do not like each other. Anyway, if she did agree to do the 30 days notice, then that is a verbal agree which does entitle one to taking to a small claims court. If she won't pay then that's what I would do. As far as the deposit goes, see how she leaves the place before hand. Take pictures, write down everything of things that were said and did. The pen is your friend. Oh and pictures.

[Jen]

It is a written contract.

After she comes back from moving in with her "mother" (probably one of her dicks), then Steven and I will be speaking to her.

If she doesn't agree to pay the prorated rent, then I will tell her, see her in court. =P

[FreddyTheOthaMea...]

edited: didnt see the post above mine

This post has been edited by FreddyTheOthaMeat: Feb 22, 2009 - 6:54 PM

[Random_Stranger]

It is a written contract.

After she comes back from moving in with her "mother" (probably one of her dicks), then Steven and I will be speaking to her.

If she doesn't agree to pay the prorated rent, then I will tell her, see her in court. =P

Well then you are already on the right track and know what you are doing. I am sure you will be just fine and sorry you have to deal with all that.

[Valo666]

as long as its in a written contract that she has to give you 30 days notice, she legaly has to give you 30 days notice. If she doesnt pay it, you can withhold her deposit. How much is your rent? (if you dont mind me asking), because i would just say use the $ towards what she owes and tell her she has a choice of either payin the remainder or be takin to court. As long as she knows whats in the contract and you give her proof saying that its in your contract that you said that she is required to give 30 days notice, then she is required to give 30 days notice, or pay the rent. Even though its moving out for health reasons, the fact that she stayed in your place for 5 months with no issues, then all of a sudden her ashtma is bothering her, it wont hold up in a court situation. If she moved in, stayed there for 2 days and packed up and left, it would be a different story, but the fact that shes been there for almost half a year with no issue, it wont hold.

[bseaman_5]

that really sucks... I had a VERY similar situation like this happen to me just a few months ago, luckily I was able to find another roomate within the time my current roomate wanted to move out. But like rs said, since you have a written contract then she's basically f'd

[Jen]

Steven just cussed at her, and told her she has until the end of the month to leave. No deposit back. And he's gonna be nice and not ask her for any additional money. Good riddance.

[Random_Stranger]

Don't forget to change the locks

[ILuvMyCelica95]

What are the terms of the month to month tenancy agreement?

If it's month to month and she gives notice that she's leaving in February you can't ask her to pay the rent for January. If it was a long term lease and she was terminating early then there would be a penalty as provided in the lease.

As far as the security deposit goes there should be language in the agreement with regard to that. Sometimes language is provided in the agreement that states if the Tenant terminates mid-term or does not give x amount of days notice of terminating their tenancy the landlord can keep the security deposit. Most of the time the security deposit is either given back to the tenant at the termination of their lease or if the condition of the premises is not left as rented to the tenant damages can be deducted from the deposit. The remainder would go back to the Tenant.

There really isn't a way to answer this question about whether or not you should go to Court without seeing the terms of the agreement. I could hypothesize a lot of different situations because each agreement is different based on the Landlord's terms.

Either way I hope you get it sorted out.

[soulshadow]

I bailed out on my roomates too, but I left a 30 days notice and paid for the next month. Not taking a deposit back since I didn't live there the full year just 6 months. Then again I didn't sign for the contract for our house we lived at so.... what can you do? I was never even informed we were gonna live there for 1yr thought it was just 6.

If they can at least pay for next month, not take the deposit back and not screw you over than its fine. Don't leave your friends hanging. However, beyond that 30 days if they cant find a roommate to move in then their on there own. 5hit happens

This post has been edited by soulshadow: Feb 24, 2009 - 12:31 AM

[Jen]

The contract says that she must give 30 days, and have the next month prorated. In the lease it also states that if 30 days notice is not given, no deposit will be given and it will be credited towards what is owed on the prorated rent.

But. My boyfriend was nice and said that she won't get her deposit back, and she doesn't owe us anything.

But I still want to take her to court. I'm just afraid my boyfriend's words might hurt us.

[whatthe]

You need to buy more cats

[95CelicaST]

Technically, if you have a written contract that states 30 days notice must be given, then yes, she would owe you the next 30 days rent. If she doesn't abide by the contract then she forfeits her deposit.


Hope that 125 is as much as her portion of rent.

[Consynx]

judge judy

[ILuvMyCelica95]

The contract says that she must give 30 days, and have the next month prorated. In the lease it also states that if 30 days notice is not given, no deposit will be given and it will be credited towards what is owed on the prorated rent.

But. My boyfriend was nice and said that she won't get her deposit back, and she doesn't owe us anything.

But I still want to take her to court. I'm just afraid my boyfriend's words might hurt us.

I don't quite understand why you want to take her to court?
If he already told her that he's withholding her deposit and nothing additional is owed there isn't anything you can do in court. Unless you lie and tell the court that your boyfriend did not say that...which I don't advise you doing.

If she's not a great tenant and you'd rather have her out I'd leave it at the verbal agreement that your boyfriend gave her. You can put it in writing and have her sign it that way there is no question as to how this ended.

Going to court is a headache, and there really isn't any justification to do so. It seems like you solved this amicably already.

[gt_driFFter]

SHOOT HER IN THE HEAD









Or just follow ^her advice.

[Random_Stranger]

SHOOT HER IN THE HEAD









Or just follow ^her advice.

Or Nair in the shampoo bottle