Room-mate issue: Moving out early

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
Main points:

1. I moved into an apt by myself. Month later, room-mate joins me, his name added to lease. I paid entire security dep when I moved in, he did not pay me half of it when he moved in.

2. Lease was renewed once (March 2011). We are on second year, with roughly 6 months left of second lease (end/renewal in March 2012).

3. Room-mate is getting married and needs to move out. This is fine with me since when I rented the unit, I wasn't anticipating on having a roommate. I can afford rent by myself without issue.

Issue: I anticipate buying a house and ready to move out of apt in March. Therefore when end of lease comes, the landlord will do a walk through. If he finds damage, I'm liable. I don't feel this is fair since my roommate was living hear nearly the entire terms of both leases.

Therefore I'm going to propose to him the following: His name stays on the lease even though he wants to move out. This way if the landlord has to go after someone, he has 2 people to collect from and not just me. There are some stains to the carpet caused by roommate and some stains caused by me. I don't want to get into a finger pointing game with roommate (we are also friends) over he did what but regardless, I'm prepared to pay up for half of any damages since we both lived there. I feel that by removing his name from the lease, he can escape any damages charged by the landlord and in effect, making me 100% responsible.

Comments? Is this fair?
 

mitchelt

Senior member
Feb 3, 2000
781
1
76
The most important question to ask yourself is it worth jeopardizing the friendship over this?

You paid the security deposit before you moved in and you never asked for a portion from your roommate in all the time you lived there...in my opinion you suck it up and live with your error.

You mentioned you can afford the whole rent without issue, that tells me you have a decent job.

I say live and learn and just let the lease expire, wish for the best on the return of your security deposit and move on.
 

Capt Caveman

Lifer
Jan 30, 2005
34,547
651
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If you paid the entire security deposit, it doesn't matter if he's on the lease or not, the landlord is going to take money from it and you're going to have to go after your friend anyways.
 

spaceman

Lifer
Dec 4, 2000
17,563
150
106
Deal_with_it_dog_gif.gif
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
The most important question to ask yourself is it worth jeopardizing the friendship over this?

You paid the security deposit before you moved in and you never asked for a portion from your roommate in all the time you lived there...in my opinion you suck it up and live with your error.

You mentioned you can afford the whole rent without issue, that tells me you have a decent job.

I say live and learn and just let the lease expire, wish for the best on the return of your security deposit and move on.

I don't see this as a dick move. If he is responsible for some of the damages and then leaves me on the hook for 100% of the charges. Whether or not I collected the security deposit in the beginning, the right thing for him to do would be to step up and offer to pay for his mess. I see him using this technicality as an escape route a friendship jeopardizing move and not my efforts here. This is basically my line of thinking here. He is currently out of town at the moment but when he returns this weekend, I plan on discussing with him.
 

GotIssues

Golden Member
Jan 31, 2003
1,631
0
76
Should have forced him to put up half on the security deposit. I was in a similar situation a couple years ago, except I forced him to reimburse on the security deposit. We didn't lose any of the security deposit money anyways, but it still just prevented any potential problems in the future (plus, if he didn't clean before moving out, his money was also on the line).

Live and learn. It's better to anticipate potential problems rather than deal with them later. It might be an ackward discussion at the time, but it saves the potential for losing a friend over it.
 

JTsyo

Lifer
Nov 18, 2007
11,709
871
126
Think it's late now. Wouldn't matter if his name was on the lease unless you expect the damages to be over the deposit. Can you get the landlord to do a walk through when your roommate leaves?
 

Capt Caveman

Lifer
Jan 30, 2005
34,547
651
126
I don't see this as a dick move. If he is responsible for some of the damages and then leaves me on the hook for 100% of the charges. Whether or not I collected the security deposit in the beginning, the right thing for him to do would be to step up and offer to pay for his mess. I see him using this technicality as an escape route a friendship jeopardizing move and not my efforts here. This is basically my line of thinking here. He is currently out of town at the moment but when he returns this weekend, I plan on discussing with him.

What's there to discuss? When he moves out, does he plan to have the landlord update the lease to remove his name and have you listed soley? If not, he's still on the lease and you're paying his half of the rent.

The only thing is if you'll now ask him to pay his 50% of the security deposit.
 
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rasczak

Lifer
Jan 29, 2005
10,453
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Too late. You should have asked for it before he moved in. Just rent a rug doctor and clean it up.
 

edro

Lifer
Apr 5, 2002
24,328
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Clean it up or wait to see if you are charged.
If you are charged, ask him for half of the charges. If he is a friend, he will pay.
 

Born2bwire

Diamond Member
Oct 28, 2005
9,840
6
71
Probably the fairest thing is to have the two of you do a good cleaning of the place now. Rent a steam vacuum and clean out the stains so that when he leaves, your roommate would have left the house in a condition that would get you all your security deposit back. You may cause some damages yourself during the time that's left while he is gone. Plus, I would expect my roommates to clean up before they leave anyway.
 

Taughnter

Member
Jun 12, 2005
165
0
76
Main points:
Therefore I'm going to propose to him the following: His name stays on the lease even though he wants to move out. This way if the landlord has to go after someone, he has 2 people to collect from and not just me. There are some stains to the carpet caused by roommate and some stains caused by me. I don't want to get into a finger pointing game with roommate (we are also friends) over he did what but regardless, I'm prepared to pay up for half of any damages since we both lived there. I feel that by removing his name from the lease, he can escape any damages charged by the landlord and in effect, making me 100% responsible.

Comments? Is this fair?

If your only question is whether this is fair, then sure, it is fair. Your roommate/friend might say, no it's not fair, though. You've clearly lived in the apartment longer than him, you may have caused damage either before he moved in and you may still create more damages after he moves out. Why should he be responsible for any of that?

At the same time, you're not really protecting yourself. Without actually getting him to put up a part of the security deposit to be held by you or the landlord, you're still going to have to find him later to collect. Your landlord is simply going to bill you and deduct from your deposit.

What you should have done when your roommate moved in is either asked your landlord to adjust the deposit OR created a new deposit agreement with your friend. It's probably too late for that now. Why don't you just ask your landlord to come assess for potential damages now and if anything additional comes up between now and March, that becomes your responsibility.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
If your only question is whether this is fair, then sure, it is fair. Your roommate/friend might say, no it's not fair, though. You've clearly lived in the apartment longer than him, you may have caused damage either before he moved in and you may still create more damages after he moves out. Why should he be responsible for any of that?

You are probably misreading my post but I moved in and less than a month later, he moved in. If anything, I have lived at this address for maybe 30 days longer than him.


Why don't you just ask your landlord to come assess for potential damages now and if anything additional comes up between now and March, that becomes your responsibility.

Great idea. I emailed the LL already. Will discuss the possibility of renting a steam cleaner between roommate and I so we can get the place tidy in prep for LL's inspection.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
Probably the fairest thing is to have the two of you do a good cleaning of the place now. Rent a steam vacuum and clean out the stains so that when he leaves, your roommate would have left the house in a condition that would get you all your security deposit back. You may cause some damages yourself during the time that's left while he is gone. Plus, I would expect my roommates to clean up before they leave anyway.

Good idea,
 

ussfletcher

Platinum Member
Apr 16, 2005
2,569
2
81
I hardly think that a few stains on the carpet will merit losing your entire security deposit. Call a carpet cleaning company. Also don't let your landlord try and get you for normal wear and tear.
 
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classy

Lifer
Oct 12, 1999
15,219
1
81
If you moved in by yourself and can afford the rent by yourself and paid the entire security deposit by yourself, you need to take a look in the mirror by yourself. Unless there is some damage he caused I don't see the reason for this. Unless you want to cause some damage yourself after he leaves and you want to screw him over.

You sound the friend he doesn't need or should not want.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
If you moved in by yourself and can afford the rent by yourself and paid the entire security deposit by yourself, you need to take a look in the mirror by yourself. Unless there is some damage he caused I don't see the reason for this. Unless you want to cause some damage yourself after he leaves and you want to screw him over.

You sound the friend he doesn't need or should not want.

As specified in the OP, there is damage caused by him.

Regarding this: "Unless you want to cause some damage yourself after he leaves and you want to screw him over." I don't know how the hell you operate or what it is you think I'm trying to do here, but kindly screw off. Thanks for your utterly useless post.
 

PieIsAwesome

Diamond Member
Feb 11, 2007
4,054
1
0
If he were a friend and a reasonable person he would offer to pay half without you even asking.
 

classy

Lifer
Oct 12, 1999
15,219
1
81
As specified in the OP, there is damage caused by him.

Regarding this: "Unless you want to cause some damage yourself after he leaves and you want to screw him over." I don't know how the hell you operate or what it is you think I'm trying to do here, but kindly screw off. Thanks for your utterly useless post.

I didn't skip over that. Stains on a carpet is not damage. You get the damn carpet cleaned. Every apt we lived in when we left we had the carpet cleaned. But what you are proposing is he stay on a lease when he is gone. Thats a joke. And you know it. And you come behind his back and make a post even before you asked him to help clean the carpet. He would be a fool to leave his name on any lease and he is not there.

Also what's like $100 to clean the carpet. Now if you two have burned holes in the carpet that is a different thing. But he should not leave and keep his name on the lease.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
I didn't skip over that. Stains on a carpet is not damage. You get the damn carpet cleaned. Every apt we lived in when we left we had the carpet cleaned. But what you are proposing is he stay on a lease when he is gone. Thats a joke. And you know it. And you come behind his back and make a post even before you asked him to help clean the carpet. He would be a fool to leave his name on any lease and he is not there.

Also what's like $100 to clean the carpet. Now if you two have burned holes in the carpet that is a different thing. But he should not leave and keep his name on the lease.

Damage, stains, whatever. If I have to pay for it when he did it, that is not fair. The obvious the spirit of my post was to amicably separate a roommate from a rental unit with all parties satisfied, not screw my friend with the situation you created earlier.

Leaving him on the lease may not be right but neither is leaving me on the hook for damages. If he wants off the lease, then he needs my signature on the current lease to remove him. I fully hope there won't be any issues, but if so, then keeping him on the lease is the only way I can play hardball back. In hindsight, I should have asked for the sec deposit when he moved in....but that's in the past and keeping him on the lease is the only card I can really play if it ever comes down to it.
 

Capt Caveman

Lifer
Jan 30, 2005
34,547
651
126
Damage, stains, whatever. If I have to pay for it when he did it, that is not fair. The obvious the spirit of my post was to amicably separate a roommate from a rental unit with all parties satisfied, not screw my friend with the situation you created earlier.

Leaving him on the lease may not be right but neither is leaving me on the hook for damages. If he wants off the lease, then he needs my signature on the current lease to remove him. I fully hope there won't be any issues, but if so, then keeping him on the lease is the only way I can play hardball back. In hindsight, I should have asked for the sec deposit when he moved in....but that's in the past and keeping him on the lease is the only card I can really play if it ever comes down to it.

You don't have an option about leaving him on or off the lease unless there's a stipulation in it or if your landlord is planning on amending it after he leaves.
 

NetWareHead

THAT guy
Aug 10, 2002
5,854
154
106
You don't have an option about leaving him on or off the lease unless there's a stipulation in it or if your landlord is planning on amending it after he leaves.

You might be right...waiting for this weekend when roommate returns...hopefully we can hammer out an amicable deal.
 

PingSpike

Lifer
Feb 25, 2004
21,729
559
126
You should have asked for the deposit from the start. I guess you could ask for it now but IMO that ship has sailed. He might pay it though because you do have sort of an understandable position. I also think you're just making the entire thing a larger deal than it is.