Roommate Agreement Binding?

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overit24

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I have a signed roommate agreement with someone that just moved out but person states that he is not responsible for things like painting or carpet cleaning even though it is stated in the agreement. He emailed me and said---

Per my counsel, Los Angeles Civil Code states a tenant is not responsible for normal wear-and-tear. Painting and carpet cleaning
fall under this, as people hang pictures and walk on their carpet/floor as a normal day-to-day activity. Do not bill me for it.

i mentioned that it is on the roommate agreement that he signed



and his rebute was....The law supersedes any contactual agreement.

He moved into a freshly painted room, carpets cleaned when he entered this agreement.

I was planning on taking the $$ out of deposit after paying the painter and carpet cleaner and sending him remaining balance.

Honestly, the guy put like 16 nailholes in the bathroom alone and when he tried to take out some nails, they left large holes. His carpet in his room needs cleaning and he did damage to the bedroom door and so that needs to be painted as well.
He has lived in the place for 5 months. he gave his 30 day and had it ending a week into the next month. he gave keys yesterday end of the month--basically he has left after 5 months but has 1 more week left on his lease and has payed rent--just wanted to state all the info. this may determine refund.
On his signed agreement with me it states that he has to get his carpet cleaned and paint room and repair any alterations or damage upon move out.
He is not on the apartment lease, but signed a roommate agreement with me.
Are signed roommate agreements binding?
 
Yes; such agreements are legal.

The real issue is what is considered normal wear and tear. SMALL holes in the wall from picture hanging would be normal wear and tear. Large nails/large holes would be considered damage. Flattened carpets from walking would be considered normal wear and tear. Large stains (i.e., from a dropped liquid, for example), tears in the carpet, damage from pets, etc. would be considered damage.

The general rule is that the unit is to be left in the same condition as when the tenant moved in.

Gail
 
It's legal--that is what i thought. It just states in the agreement that he is to paint and clean carpets and fix what ever is damaged. Does that override the normal wear and tear?
 
Just to clarify by saying the agreement is "legal" or binding does not mean any criminal action can be taken. If your former roomate does not pay for this then you will have to sue him in court to win your monies.
 
There is a normal and agressive wear and tear. It looks like, from your post, that he was agressive. One way to make your case is to have pictures of what the room looked like before he moved in and after he moved out. Also, if the agreement states that your roommate received the unit in excellent condition and it demands that he returns it in the same condition, he needs to prove that that is exactly what he did. So, if you don't agree, you will have to let him sue you for withholding the security deposit but when you show up to court, be prepared to present to the court evidence that he did not live up to the terms of you agreement. Good Luck!
 
yeah he was aggressive, my other roommate emailed me one day saying she was completely terrified because he was freaking out and was clobbering his bedroom door when he locked himself out one day. he also verbally attacked a neighbor on the street when she parked on the street--he said he wanted to park there. Raising his voice at me while we were discussing things--other people heard. I asked why he was raising his voice at me cuz i didn't do anything wrong his reply he is passionate and excited about what he was talking about. he emailed me a strange agressive email in the middle of the night. other unique moments we encountered. not a stable person i started to notice.

i am not into playing dirty, just had a roommate agreement so things can run smoothly and now he doesn't want to abide by it. I have pictures. I just want the place to look nice for the next roommate and shouldn't have to come out of my pocket. sometimes people at first can be one way and then you see their true colors as time goes on. Thank goodness he is gone, we were not feeling particularly safe.

that aside i just want to do things correctly and fairly. and sure have evidence to back up everything, plus the signed roommate agreement.

thanks.
 
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