Tilted Forum Project Discussion Community - View Single Post - Oh roommates, gotta love to hate em. Seeking advice.

robot_parade · 03-27-2010, 06:25 PM

Are you clear on exactly what the financial arrangements are between you, the landlord, and Sarah? IANAL, and I know very little about having two people on a lease, but it seems to me that:

He is the one that owes the landlord $125, not you - so that part of it has nothing to do with you, *unless* there's something in the lease or the law that says that you are responsible for it if he doesn't pay.

I'm not entirely clear on the $300 deposit question either. If you paid $150 to the landlord and he paid $150 to the landlord, then I'd think the deposit question is also between him and the landlord.

However, if he gave you $150, and you paid the landlord $300, or some other situation, then I could see how there could be a disagreement on exactly when he would get the $150 back - I would say no sooner than 30 days after he gave his notice, though, and if he leaves you responsible for the $125 of his rent, it seems perfectly reasonable to me to deduct that from his deposit.

So, taking what sounds like the most likely sequence of events, he doesn't pay the $125. On the day after his 30 day notice is up, pay him $25 for his deposit (you could probably get out of this, since you had to clean up out of him, but it wouldn't really be worth it to me to try.). When the next tenant comes in, that person will pay $150 deposit - getting you back the $125 you were stuck with plus the $25 you paid him for his deposit. By the way, I'd pay the $25 in check so at least you have some evidence.

If you don't end up getting a roommate, and instead leave, you should get the $300 back, which will be your $150, plus the $125 you had to pay for his rent, plus the $25 you did pay him.

If you pay the $150 *and* he stiffs you for the $125, then you'll never get that $125 back, and you will have been played for a sucker. So definitely do not give him a dime until he either pays the $125, or he doesn't and you have to pay it.

Bringing his mom into it might also work, of course. But if my math is correct, then all you will be out is having to clean up after him.

Personally, I don't think this is worth taking him to small claims court - the most you will be out is your time and dignity for having to clean up for him, and if you take it to court, at the very least you'll have to lose a morning dealing with that. You could try keeping the $25 as a cleaning fee (one word: photographs!), but then *he* might take you to court, and it's possible the judge might take a disliking to you and make you pay him back as well as court costs.

03-27-2010, 06:25 PM	#4 (permalink)
robot_parade Junkie Location: San Antonio, TX	Are you clear on exactly what the financial arrangements are between you, the landlord, and Sarah? IANAL, and I know very little about having two people on a lease, but it seems to me that: He is the one that owes the landlord $125, not you - so that part of it has nothing to do with you, unless there's something in the lease or the law that says that you are responsible for it if he doesn't pay. I'm not entirely clear on the $300 deposit question either. If you paid $150 to the landlord and he paid $150 to the landlord, then I'd think the deposit question is also between him and the landlord. However, if he gave you $150, and you paid the landlord $300, or some other situation, then I could see how there could be a disagreement on exactly when he would get the $150 back - I would say no sooner than 30 days after he gave his notice, though, and if he leaves you responsible for the $125 of his rent, it seems perfectly reasonable to me to deduct that from his deposit. So, taking what sounds like the most likely sequence of events, he doesn't pay the $125. On the day after his 30 day notice is up, pay him $25 for his deposit (you could probably get out of this, since you had to clean up out of him, but it wouldn't really be worth it to me to try.). When the next tenant comes in, that person will pay $150 deposit - getting you back the $125 you were stuck with plus the $25 you paid him for his deposit. By the way, I'd pay the $25 in check so at least you have some evidence. If you don't end up getting a roommate, and instead leave, you should get the $300 back, which will be your $150, plus the $125 you had to pay for his rent, plus the $25 you did pay him. If you pay the $150 and he stiffs you for the $125, then you'll never get that $125 back, and you will have been played for a sucker. So definitely do not give him a dime until he either pays the $125, or he doesn't and you have to pay it. Bringing his mom into it might also work, of course. But if my math is correct, then all you will be out is having to clean up after him. Personally, I don't think this is worth taking him to small claims court - the most you will be out is your time and dignity for having to clean up for him, and if you take it to court, at the very least you'll have to lose a morning dealing with that. You could try keeping the $25 as a cleaning fee (one word: photographs!), but then he might take you to court, and it's possible the judge might take a disliking to you and make you pay him back as well as court costs.