Advice Please.

[Crossfire]

Alrighty guys heres the deal,

In December I moved out from my old apartment and moved in with a kid I attend school with. Got a solid deal on a really nice 2B/2B apartment. Rent is $1100 a month, plus utilities. Well, the problem is since moving in my roomate has not payed me more then $300 for rent. He should have payed close to 1500-1600. He also pays no utilities, doesnt kick in money for grocerys etc. Now, I am not sure what I need to do. What evidence do I need to take him to small claims court? I also need advice weather to boot him out, and how to do that or should I pack up all the furniture (which i bought) and grab a single apartment and let his credit go to crap. I can end my lease right now, but I forfeit $100 security deposit. This is really driving me up a wall guys, need some advise other then killing him.

 

[Crossfire]

Edit* We are both on the lease, and I assume that means legally we are each accountable for 50%.

 

[bcoulter]

Sounds to me like it's time to move out. You could also "lay down the law" with him and give him a deadline, maybe it will work. Tell him your going to look for a new room mate if he doesnt start helping. It's a tough situation I know but your being taken advantage of.

 

[Crossfire]

No kidding, I added up he owes me about $1650 between rent and utilities. What do I need to show a judge in proof he hasnt payed?

 

[Rockford35]

Cut your loses and leave. Then he's screwed either way. He either finds another meal ticket, or he gets evicted.

R35

 

[bcoulter]

That I don't know. Good luck in whatever you decide.

 

[JArmour]

You need proof that he resides there (utility in his name or a copy of the lease) and copies of the cost of the utilities.

I went through this in college it sucks and its a drain on you because it will take forever but its a necessary evil if you want to get paid eventually.

 

[West Coast Duffer]

Its always tough having roomates, Kinds of sucks to break the lease but your gonna have to cut him loose.

 

[spankdoggie]

Kick his ass.

 

[mont86]

What does your landlord have to say about you breaking the lease?
If you move out make sure you get off the lease!!!!
Whose name are the utilities in?

Check and see if there is a renters rights group in your area.
A problem like yours can be difficult.

 

[ThatCanadianGuy]

Take everything that he has signed and agreed to with you to court.

Take all the paperwork that you have regarding the stuff you have paid for. Your part of the rent, your part of utilities, what you paid (if anything?) on his behalf. What he has paid(if possible)and what he owes you.

If he signed the lease and agreed to pay half the rent and half the utilities and you can prove that he hasn't payed his part he's up shit creek.

If it's in writing that he was going to pay 1/2 the groceries and you can prove that he hasn't you can get money from him for that too, probably. As long as you have receipts and can put a number on what you have paid for the groceries and what he has paid.

You basically need everything that he has agreed to pay in writing signed by both parties, everything that you have paid, and what he owes you.

I'm not a lawyer or judge, but I am addicted to Judge Judy and The Peoples Court.:laugh:

Start looking for a new roommate.


Ohhh..after reading again:

If you only have a verbal agreement that he is to pay YOU the money for the rent utilities ect. that could be a big problem.

You must be personally paying everything from your pocket and then telling him what he owes?

He can lie his ass off and say the verbal deal was he was going to pay 300 a month total and keep the place clean while you paid for everything else. If you can't prove otherwise it's your word against his.

Talk to a lawyer!!!!!!

 

[VtDivot]

The court thing is a bad idea... will cost you too much in time and energy which is worth more to you.

My advice... start packing now before he owes you more money.

 

[Crossfire]

Im not even bothering with the whole groceries thing, and probably not even the utilities. I do assume if we both equally signed the lease, we are equally responsible. Period. I think I am going to just get a single apartment, ive gone 0/2 with roomates. I do have nothing in writing, but I will go talk to the apartment offices tomorrow and see what my options are. I do not want to lose the money he owes me, financing yourself through college is hard enough, but I do not want to have to hire a lawyer. I may call the family lawyer from back home and get advice, seeing as in small claims I probably wont need one. It seem pretty cut and dry, my bank statements show the money going to the lease straight out of my account, and no money coming in from him. He could easily say he payed in cash, but without a written reciept, that hopefully means squat.

 

[ezra76]

Sell his car.

I don't think you need a lawyer for small claims. If both your names are on the lease, pay your half and tell the manager to get the other half off him. I'd think if you've got a receipt and proof you paid your half they can't screw your credit up. It's not like you're married, you both are on a lease, he's half responsible for paying the rent.

 

[Crossfire]

Actually, upon reading some legal forums I find im most likely responsible "jointly and invdivually" meaning the rent must get payed, or both of us get our credit killed. I also found I'll probably need him to sign an agreement letting me out of the lease which I know he wont do because he will then have no furniture, and no way to pay. My only hope is to talk to management and hope they rather recieve 50% of the rent, instead of 0%. Since we are not a heavily rented apartment complex, this might be worth a shot.