Is my roommate screwing me?

[fiip7]

I live in ohio and my roommate is being called into active duity for the USAF. Under the Servicemember's Civil Relief Act (SCRA) she is not responsiable for her rent. Our lease states that we are jointly and severally responsible to the landloard for the rent. Does that mean that her half will be taken out of the rent because she isn't responsiable for it or does that mean that I will have to pay it!? Thanks for any help!

*edit: I'm not really looking for legal advice, maybe just someone who knows a bit more than i do *

 

[Sphexi]

You'll have to pay it. Bend over and take it like a man, or woman.

 

[olds]

No idea. Good luck with that

 

[RbSX]

Originally posted by: fiip7

I live in ohio and my roommate is being called into active duity for the USAF. Under the Servicemember's Civil Relief Act (SCRA) she is not responsiable for her rent. Our lease states that we are jointly and severally responsible to the landloard for the rent. Does that mean that her half will be taken out of the rent because she isn't responsiable for it or does that mean that I will have to pay it!? Thanks for any help!

It depends on what the Civil Relief Act explicitly says.

I cannot believe that it allows servicemen (and women) to abscond from their pre existing contracts (if that were the case people would go into the army to avoid contractual agreements).

I suggest you look into what it actually says in the act.

 

[StageLeft]

Is my roommate screwing me?

that her half will be

God, I hope so.

 

[DaveSimmons]

Originally posted by: Skoorb

Is my roommate screwing me?

that her half will be

God, I hope so.

pics?

 

[Injury]

Consult your contract, look the law up and find the exact statements.

If it says she has the right to break any contract due to her going to active duty, that doesn't imply that she doesn't have to pay rent, it implies that her name is now null from the existing contract. However, if the law implies that she merely isn't required to pay rent, then I would think that it would mean you aren't responsible for picking up the slack.

In any case, you do have to consider that you now have a two person apartment with one person living in it. Just because their is one person, doesn't mean you have less of an apartment.

To summarize, don't assume anything about the laws, consult a lawyer if you need an interpretation (it may cost a little bit, but you'll have some clarification.

HAVE A BACKUP PLAN. What will you do if you do have to pay the rent? Can you start looking for a new roomate? You may be able to tag yourself onto that law, depending on the actual text. If the contract was signed jointly, then I would think that the only way it can be null is if it's entirely void, not just removing a person from it. So you may want to find a place you can chill for a bit if that does happen.

I'm not a lawyer, nor do I even know the exact text of the law, but I would think that in a situation like this the better side of people may show through and your landlord would help you out in some way.

 

[allisolm]

I cannot believe that it allows servicemen (and women) to abscond from their pre existing contracts (if that were the case people would go into the army to avoid contractual agreements).

That is pretty much what it does allow, but it applies to housing and automobile leases, not other contractual obligations and you have to have gotten orders to move or deploy to use it.

 

[imported_Tick]

Originally posted by: allisolm
I cannot believe that it allows servicemen (and women) to abscond from their pre existing contracts (if that were the case people would go into the army to avoid contractual agreements).

That is pretty much what it does allow, but it applies to housing and automobile leases, not other contractual obligations and you have to have gotten orders to move or deploy to use it.

I would be suprised if the OP was liable for both portions of the rent, as the contract implies that they are each liable for half, assumedly, and hence the lease holder will assumedly be stuck holding the bag, not the OP.

 

[lokiju]

I almost went through this with my last roommate, he was a reserve and got a letter causing him to think he was going to get called into duty, but ended up never happening. During the time he thought he was going to have to go back in we spoke with the leasing office and they said that we can break our lease without any charge and I'd basically be looking for my own place at that point.

 

[fiip7]

Originally posted by: Tick

Originally posted by: allisolm
I cannot believe that it allows servicemen (and women) to abscond from their pre existing contracts (if that were the case people would go into the army to avoid contractual agreements).

That is pretty much what it does allow, but it applies to housing and automobile leases, not other contractual obligations and you have to have gotten orders to move or deploy to use it.

I would be suprised if the OP was liable for both portions of the rent, as the contract implies that they are each liable for half, assumedly, and hence the lease holder will assumedly be stuck holding the bag, not the OP.

the lease doesn't say we are each liable for half, it says we are "jointly and severally" responsiable. My intrepretation of that is if this was a standard situation and my roommate jumped town, it means that weather she is paying her half or not the landloard can come after me for the full amount of the rent.

 

[olds]

Good news = you'll live
Bad news = roomate may die

 

[fiip7]

Originally posted by: blazert40
I almost went through this with my last roommate, he was a reserve and got a letter causing him to think he was going to get called into duty, but ended up never happening. During the time he thought he was going to have to go back in we spoke with the leasing office and they said that we can break our lease without any charge and I'd basically be looking for my own place at that point.

my roommate has already notified the landloard and he only owns this building and he needs the money as his only income, i know this for a fact. He says that I am responsiable for the full rent, but i feel its almost a gray area. I'm currently looking for a new roommate to avoid the situation all together but if it comes down to it I may have to hire a laywer just to clarify it.

 

[StageLeft]

Originally posted by: oldsmoboat
Good news = you'll live
Bad news = roomate may die

LMFAO

 

[rahvin]

You are going to be responsible for the whole thing or you are going to have to get the contract tossed by a Judge. I would recommend finding a new roomate, she should have given you enough warning to find one as they typically get their orders at least 3 weeks in advance.

Oh and she's not screwing you, the government is screwing her and you are getting a side dish of screw. She's the one that could die, you only have to worry about a little money, not bullets.

 

[minendo]

Originally posted by: fiip7

Originally posted by: blazert40
I almost went through this with my last roommate, he was a reserve and got a letter causing him to think he was going to get called into duty, but ended up never happening. During the time he thought he was going to have to go back in we spoke with the leasing office and they said that we can break our lease without any charge and I'd basically be looking for my own place at that point.

my roommate has already notified the landloard and he only owns this building and he needs the money as his only income, i know this for a fact. He says that I am responsiable for the full rent, but i feel its almost a gray area. I'm currently looking for a new roommate to avoid the situation all together but if it comes down to it I may have to hire a laywer just to clarify it.

You signed a joint lease meaning if one leaves the other is responsible.

 

[axelfox]

J&S liability means that both of you can be liable for the full amount (but can only collect from one; otherwise it would be 2x recovery for the LL).

 

[MedicBob]

I am dealing with this right now with several of my troops. You are responsible for the rent once she goes on active duty. Explain it to the landlord and ask for a break untill you can get another room mate or ask that he terminate the lease entirely and find another place to live. It is up to the landlord.

She isn't screwing you, she is just following the advice she is getting form her leaders, mine is the same, to get out of the lease. Why pay rent for a place you cannot/willnot be living in?

I know it sucks for you and I do feel your pain. Good luck and I hope it works out for you too. Wish your room mate the best of luck and Godspeed from me.

 

[Jadow]

Oh and she's not screwing you, the government is screwing her

Shlt like this drives me nuts. The roommate knew what he was getting into when he signed up for the reserves.

I am really sick of reservists who sign up so they can get the paycheck for a little weekend drilling here or there, and if they get called up, all they do is bitch and complain.

 

[olds]

Originally posted by: Jadow
Oh and she's not screwing you, the government is screwing her

Shlt like this drives me nuts. The roommate knew what he was getting into when he signed up for the reserves.

I am really sick of reservists who sign up so they can get the paycheck for a little weekend drilling here or there, and if they get called up, all they do is bitch and complain.

Who are you talking about?