ezra76
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In that case, see Spanks repsonse.
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Advice Please.
- Thread starter Crossfire
- Start date
- Staff
- #17
This may sound cheesy, but if he's a student, are his parent's paying the bills? If so, contact them (politely) about it. He may still be considered a dependant student, which could make this their problem.
Pa Jayhawk
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Many Universities have departments that offer free legal advice to students. Many times they are law students that do the research and also have certified lawyers that oversee the cases. May be worth checking into. If this is an option, being in a college town they will be well versed in your options as it is likely their most common issue. If not you can at least get initial advice from an attorney fairly cheap and may be a smart move at this point. Alot of times the initial visit is free, if not it is still cheaper than the $1600 you are already out. If neither of those are an option, I would probably talk to your landlord and explain the issue and ask what they recommend. It is not likely that you can just boot the guy without having the landlord take the action.
I am not a lawyer and can not say for certain, but I would tend to believe that by both of you signing the lease it simply means you are both responsible and not necessarily each at 50%. Although if it is pursued legally it is likely you will only be held responsible for your half. If you simply move out with no word to the landlord, you will still be held responsible for at least the remainder of the lease, so unless you are doing so under legal advice I am not sure that would be the smartest move as you would likely assure yourself to paying 2 part of rent (the place you go and your responsibility to the current place). I think the fact that you can provide receipts will help though, so when this does get dragged out, and it will, you at least have a leg to stand on. I wouldn't wait though, the longer you wait the more you are simply making yourself liable for if you are liable.
I did have a similar instance while in college, and since it was close to the end of the lease, I simply paid my part and when the landlord took action they filed against the other guy. Although I did end up losing my part of the deposit.
Good luck and get everything in writing.
edit 1 - sorry, I missed the part of ending the lease and forfeiting the $100 security deposit. If that is your only obligation, while it is a lousy thing for you, to me it seems like the best option. If it were me, I would talk to the landlord and make sure that is the only obligation, pack up my crap and go. Then go fight the other battle with your roommate later. If you have a case you may likely be able to recover the $100 from him as well, as that was due to his negligence. Although I think I would still check the legal options I mentioned before doing anything. Seems like the important thing is classes and this can't help with keeping your head in the classes. Even if you are out the money right now, you can get your head back in classes and know it will be no worse, but if you recover your losses will only get better. Cut the cord and then try and make this guys life miserable.
I am not a lawyer and can not say for certain, but I would tend to believe that by both of you signing the lease it simply means you are both responsible and not necessarily each at 50%. Although if it is pursued legally it is likely you will only be held responsible for your half. If you simply move out with no word to the landlord, you will still be held responsible for at least the remainder of the lease, so unless you are doing so under legal advice I am not sure that would be the smartest move as you would likely assure yourself to paying 2 part of rent (the place you go and your responsibility to the current place). I think the fact that you can provide receipts will help though, so when this does get dragged out, and it will, you at least have a leg to stand on. I wouldn't wait though, the longer you wait the more you are simply making yourself liable for if you are liable.
I did have a similar instance while in college, and since it was close to the end of the lease, I simply paid my part and when the landlord took action they filed against the other guy. Although I did end up losing my part of the deposit.
Good luck and get everything in writing.
edit 1 - sorry, I missed the part of ending the lease and forfeiting the $100 security deposit. If that is your only obligation, while it is a lousy thing for you, to me it seems like the best option. If it were me, I would talk to the landlord and make sure that is the only obligation, pack up my crap and go. Then go fight the other battle with your roommate later. If you have a case you may likely be able to recover the $100 from him as well, as that was due to his negligence. Although I think I would still check the legal options I mentioned before doing anything. Seems like the important thing is classes and this can't help with keeping your head in the classes. Even if you are out the money right now, you can get your head back in classes and know it will be no worse, but if you recover your losses will only get better. Cut the cord and then try and make this guys life miserable.
- Thread Starter Thread Starter
- #19
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Thanks guys. 20 mins after my last post, he walked in my room and tossed me 1000 in cash. He must have known something was up. Anyways, I do understand he is working two jobs trying to pay for school. The school "lost" his financial aid check and has been giving him the run around for over a semester.
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I would still get out.
- Staff
- #21
That's not your problem, it's his.
If this happens again, as your legal guardian and spiritual advisor, I would sell all his shit from his room.
As a side note, small claims court is cheap. Well, at least in Canada it is. $40 gets you your say. And, if he loses, he pays your fees. However, judgement can take up to 6 months, so it's a PITA.
I went to small claims court once. It was brutal. But I won because I'm meticulous and pay attention to every detail. My story was airtight.
R35
Pa Jayhawk
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Yeah, my life experience tells me that it is maybe even a better time to get out. Before the debt starts accruing again, as you now know what he is capable of. Again, you don't need that kind of crap on your mind when you are in college. I would say if not now, the second you notice it start to happen again hit the road and don't look back. You are there for the same reason as him. Life is tougher for some people, that isn't your problem. If you feel bad, buy him a beer from the $1000 he gave you after you move out, it's a heck of alot cheaper than being his parent. Just from what you said, it sounds like he is still about $200-300 short plus some utilities???
- Staff
- #23
I agree with Rock on this (why is that so hard to admit?).That's not your problem, it's his.
If this happens again, as your legal guardian and spiritual advisor, I would sell all his shit from his room.
R35
What's in his golf bag?:laugh:
