Roommate and Landlord from Hell

[Torchy]

My lease is set to end on April 30th. There were three of us who entered into the lease (collectively, which sucks) a year ago. As it was at the beginning of the month, myself and one other roommate (roommate A) had turned in our termination notices a month early, and roommate B was intending to stay at the residence with other people.

Roommate B is a problem. She is habitually late with her portion of the rent, she hardly pays her bills and is setting herself up to be taken to court...again. This is a different issue. It speaks for her character, but not the situation at hand.

Roommate B decided last week that she was not staying at the residence. She did not give the landlord proper notice. Now Roommate A and I are about to leave, thinking ourselves done with Roommate B and the place in general, and Roommate B has not paid April rent nor has she turned in proper notice. The landlord does not know what to do because all three of our names are on the lease regardless of Roommate B not turning in her notice.

In the lease agreement it says that if the resident fails to give proper notice the landlord may a) extend the lease for one notice period and b) raise the rent. Roommate A and I have given proper notice. The landlord also notes that if the resident stays in the unit after the lease ending date with the approval of the landlord (which Roommate B was intending to do) and the landlord has not renewed or entered into a new lease it can be extended under it's original terms. However, this particular lease cannot be extended under it's original terms because Roommate A and I are no longer on it since we notified and terminated our lease. He knew FAR in advance two of us were leaving and KNEW that the lease could not be extended under it's original terms and he probably should have started drawing up a new lease for Roommate B and whoever she was intending to stay with. I don't feel that he can hold us responsible for anything after the rent is paid. I know that technically Roommate A and I are responsible for whatever April rent is not paid since we entered into the lease together, but can he charge us for rent after April 30th since we terminated the lease? Can we be held responsible for her telling him she was staying and then changing her mind at the last minute? Did he need to sign a new lease with her specifically since Roommate A and I notified him we were leaving?

I just find it very odd that he was willing to treat us as individuals when Roommate A and I turned in our notices and Roommate B had chosen to stay; but now that we've all decided to leave he would hold us collectively responsible. Am I right in thinking that with Roommate A and I turning in the notice that the lease was effectively terminated regardless of what Roommate B told him?

 

[army judge]

If you have everything in writing, including a signed acknowledgement of your departure, you and A have nothing to fear.

If all isn't written, your road to victory will be harder.

B is on the hook either way.
But, why worry about that dummy?
B isn't your problem.

The tri-part lease with B is a problem.

You have no lease.
The LL is grasping at straws.

See if you can get him to sign a release from all future liabilty, if you and A pay all of April's rent for B.
It should also state that he agrees to return to you and A your pro rata share of the security deposit, as soon as the unit passes his inspection.

Make sure you take pictures or video of the unit after you clean it, and have him do a walkthrough with you as you're doing it.

Again, do a written walkthrough sheet documenting any issues.

Get his signature and you and A sign, too.

Yes, all of you be there.

You both might have to testify in court!

Yeah, it sucks, but you want out with minimal trouble.

If he agrees, both you and A sign it in advance if his signature.

Otherwise, he'll take you to court and tie up the return of your security deposit.

 

[mightymoose]

The problem roommate is on the hook for the full rent for the month. She likely isn't going to pay it, but the landlord can sue her over it if necessary. Failure to pay will likely result in prompt eviction proceedings in this case. The landlord likely won't sue, since there isn't really anything to win, but won't waste time in booting the leftover roommate.

 

[Torchy]

Thank you all for your advice! I did tell my LL that he cannot charge any of us for May and it is basically not my problem that he messed up (in better wording of course). He's trying to screw myself and Roommate A over AGAIN.

He responded with "If [Roommate B] leaves on Friday and all her belongings are out of there along with you and [Roommate A] and all your belongings, I will not hold any of you liable for May's rent. I will consider that the notice included all three of you."

I'm getting pissed off. Am I correct in saying that 1) This is not negotiable: he CANNOT hold any of us responsible for May no matter what is left at the place and 2) We (Roommate A and I) CANNOT legally do anything about Roommate B's property? That anything she leaves there becomes surrendered property and that's between he and Roommate B to sort out?

I'm so tired of this. He knows (from talking with my downstairs neighbors) that he shot himself in the foot in dealing with Roommate B and now he's taking it out on us, trying to screw over the two responsible tenants for his folly. What can I do here? How can I remind him that what he's asking and doing is illegal? Is it illegal?

 

[army judge]

If B leaves property on the premises, it affects the lease termination.

The cure is to evict A.

You can't do anything to B's property but he can through process of law.

The LL has to secure the property and then bring an eviction action.

B's failure to properly vacate the premises impacts all of you.

The LL will probably move to take the deposit because of B's irresponsibility.

Then you and A will have to sue B for that irresponsility or take the hit.

The lesson here for all is never have roommates.

B is screwing you and A and the LL.

You guys picked B to go into this deal.

Don't ever do a deal like this going forward.

 

[Torchy]

If my LL were to consider Roommate B as a holdover tenant, would that work out for Roommate A and I?

Perhaps I don't understand the provisions of a holdover tenant, but from what I understand it is basically someone who chooses to stay on the leased premises after the lease has expired. The lease will expire, and she might not leave. She can keep her crap there, and keep the key (which my LL is using as the leverage for whether or not he charges Roommate A and I for an extra month), and then no one has to mess with her things and he can charge her rent for May. This might satisfy both myself, roommate A and my LL? Is this legal?

 

[army judge]

If my LL were to consider Roommate B as a holdover tenant, would that work out for Roommate A and I?

Perhaps I don't understand the provisions of a holdover tenant, but from what I understand it is basically someone who chooses to stay on the leased premises after the lease has expired. The lease will expire, and she might not leave. She can keep her crap there, and keep the key (which my LL is using as the leverage for whether or not he charges Roommate A and I for an extra month), and then no one has to mess with her things and he can charge her rent for May. This might satisfy both myself, roommate A and my LL? Is this legal?

YOUR LEASE IS FOR ALL THREE OF YOU.

To do what you suggest, he'd have to sever you and A from her.

Bottom line, you are stuck for the month she doesn't pay.

I'd pay it for her (you and A).

Her stuff left in the unit will eat up part of your deposit, because your LL will charge you for dealing with her crap.

Whether she's a holdover or not, ha snothing to do with the termination of YOUR leasehold (A & you).

Find out what it would take form the LL to let you and A out of the lease?

Be ready to negotiate and get it in writing.

Better to pay a littel, rather than a lot.

This will cost you.

It can't be done for free.

Ask the LL what is his price to let you and A off the hook.

Then pay it.

 

[Torchy]

That's the thing, the LL has already acknowledged several times over that the lease is done with and over on Friday for all three of us because he could not have extended the lease with just Roommate B. He even told our downstairs neighbors he knows he got screwed over in regards to Roommate B (gotta love gossip). What's he's proposing now is that, even if Roommate A and I move out and turn in our keys, he will charge us all for May. I'm wondering if he can consider just Roommate B as a holdover tenant as she will be the only one technically staying on the premises after the lease is over and then charge her as he sees fit. I think we all know Roommate B is not going to turn in her key or get her stuff out before the lease is up at noon. I think he's counting on it.

I'm not trying to help him out, I'm just trying to find a solution that's best for Roommate A and myself, as well as satisfying him so he leaves me the hell alone. I figure this is the best solution. He can charge what he wants of B because she's staying without a lease, no one has to mess with her property, and Roommate A and I can pay what's leftover on the rent for March and April and get on with our lives.

 

[army judge]

That's the thing, the LL has already acknowledged several times over that the lease is done with and over on Friday for all three of us because he could not have extended the lease with just Roommate B. He even told our downstairs neighbors he knows he got screwed over in regards to Roommate B (gotta love gossip). What's he's proposing now is that, even if Roommate A and I move out and turn in our keys, he will charge us all for May. I'm wondering if he can consider just Roommate B as a holdover tenant as she will be the only one technically staying on the premises after the lease is over and then charge her as he sees fit. I think we all know Roommate B is not going to turn in her key or get her stuff out before the lease is up at noon. I think he's counting on it.

I'm not trying to help him out, I'm just trying to find a solution that's best for Roommate A and myself, as well as satisfying him so he leaves me the hell alone. I figure this is the best solution. He can charge what he wants of B because she's staying without a lease, no one has to mess with her property, and Roommate A and I can pay what's leftover on the rent for March and April and get on with our lives.

Try it.
I doubt that he'll accept it.
Besides, people say one thing, and do another.
If you don't get it in writing, this isn't over!
Tell him you'll pay May your share of rent too.
Get it in writing, if he agrees to it.
In fact, if he agrees, have the agreement ready for him to sign.
You and A would have already signed it.

 

[Torchy]

Ugh, I believe Army Judge is right...the lesson here is not to have roommates.

 

[army judge]

Ugh, I believe Army Judge is right...the lesson here is not to have roommates.

The lesson is self reliance.

If you can't afford to pay for it yourself, don't get entangled in agreements with others.

Most people are scammers, looking upon you as their MARK.

They say what you want to hear.

They promise you everything and deliver nothing!

Yet, they mean just the opposite.

I've learned to trust but a handful of people in my life.


Your LL has three fish on his hook.

Why should he let two of the fish off and keep the less tasty fish?

Come on, the LL is no fool.

He's got a con game to run, too!


Money, money, money.