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Taking old roommate to small claims court

I moved into my house in October '08 and lived by myself until February when a friend of a friend asked me if I would be interested in having a roommate. I went ahead and let him move in and we signed a new lease in March. He just moved out of his parents house and this was his first time living on his own. About a month in he started telling me he was looking at quiting his job and starting to look for a new one. As long as he continued to pay his half of the rent and utilities I was fine with it.

Then in May he called me and told me that he thought he was gonna move out because he couldn't afford it and was going to move back into his parents house. I made him aware that he would still have to pay rent and utilities until the lease was up since his name was on it also. He then started talking to the landlords trying to get me kicked out by saying I was having huge parties everynight and trashing the place. I work noon till almost 1:00 A.M. Friday - Wednesday when I come home I usually go to bed or watch a movie and on my days off I am usually out of town with family. The most people I have ever had in the house was 3 people plus me.

About 2 weeks ago I came home from work for dinner and he was packing all of his stuff up and loading it up in his car. He told me he was leaving that night and would be back in the morning for the rest of his stuff and to drop off his keys. I once again told him to make sure rent and utilities were paid when they were due. I mailed him, emailed him, and left him a voicemail about the utility bill and rent bill on June 1. Haven't heard anything from him since the day after he moved out.

I talked to my landlords and they said they weren't going to do anything about it, but if I wanted to I could take him to small claims court and get the rent and utilities from him up to August. I have never gone to court for anything so I am not really sure if it would work or not. I have a lease that is signed by the roommate, the landlord, and me would that give me a good chance of getting the money? I plan on calling him again this week and letting him know he can either pay it or we will be going to court and see were it goes from there.

Cliffs:

Lived alone until friend of friend wanted to move from parents house

Signed 6 month lease in March with both our names

Moved in and then wanted to quit job so he could try to find a new job

Started complaining that he couldn't afford rent and said he was gonna move he was informed he would have to pay rent and utilities until lease is up

Started telling landlords lies to try to get me kicked out

I came home from work and he was packing his stuff up and told him he still had to pay rent and utilities

Sent multiple notifications of due rent and utilities and haven't heard from him in 2 weeks

Landlords aren't going to do anything about it but informed me I could take him to court for the rent and utilities that are due from him until August
 
Small claims court is teh suck!! If you have to it is an option but I would always try to settle before going that route.

Type up a well written letter to send to him letting him know you would take him to court if money isnt recieved by such n' such date. Offer to work some kind of payment plan with him (in writing) in case he really just doesnt have the money. I would send the letter certified and keep a copy for your records. Do the same thing with his email except with a read reciept and keep all this info in case it does go to court.

Just try everything you can before you go this way is my best suggestion.
 
He signed the lease with the landlord? Doesn't that make him responsible to the landlord?
 
Originally posted by: oldsmoboat
He signed the lease with the landlord? Doesn't that make him responsible to the landlord?
Click to expand...

In most such agreements both parties are responsible for payment, so if one stops the other has to cover it 100%. He will most likely win in court, but the court can't order payment if the guy doesnt have any money. Best case will be a future garnishment for the order (until paid) once he starts working again.

The guy (not the OP) sounds like an immature douche.
 
First, change the locks so he cannot access the premises when he returns. When he returns for the rest of his stuff hand him the paperwork for small claims. Scare the @#&$@ out of this low-life as much as possible. Since he (and the landlord) are putting you on the spot ... return the favor. if he cannot provide his share of the rent/expenses then deny him access. You could also leave the place and not pay the rent if you see fit to do so since the landlord could care less about the lease.
 
Originally posted by: bsobel
Originally posted by: oldsmoboat
He signed the lease with the landlord? Doesn't that make him responsible to the landlord?
Click to expand...

In most such agreements both parties are responsible for payment, so if one stops the other has to cover it 100%. He will most likely win in court, but the court can't order payment if the guy doesnt have any money. Best case will be a future garnishment for the order (until paid) once he starts working again.

The guy (not the OP) sounds like an immature douche.
Click to expand...

I just re-read my post, and my post is confusing. The roommate is still working on the same job, he never quit. He just stated that he was wanting to quit.
 
Originally posted by: leglez
Originally posted by: bsobel
Originally posted by: oldsmoboat
He signed the lease with the landlord? Doesn't that make him responsible to the landlord?
Click to expand...

In most such agreements both parties are responsible for payment, so if one stops the other has to cover it 100%. He will most likely win in court, but the court can't order payment if the guy doesnt have any money. Best case will be a future garnishment for the order (until paid) once he starts working again.

The guy (not the OP) sounds like an immature douche.
Click to expand...

I just re-read my post, and my post is confusing. The roommate is still working on the same job, he never quit. He just stated that he was wanting to quit.
Click to expand...

Then the garnishment will be easy. As to the other recommendations of 'keep the rest of his stuff'. DONT, judges don't like it when people play games like that. You do everything by the book and it makes the fact he screwed you even more obvious.
 
He has also already taken all of his stuff out of the place. He did that the day after I found him packing his stuff. And I already have all his keys and everything.
 
Originally posted by: oldsmoboat
He signed the lease with the landlord? Doesn't that make him responsible to the landlord?
Click to expand...

Yeah, that's what I was thinking too. I'm wondering why the OP just can't pay half the rent & let the landlord deal with it?
 
Originally posted by: DrPizza
Originally posted by: oldsmoboat
He signed the lease with the landlord? Doesn't that make him responsible to the landlord?
Click to expand...

Yeah, that's what I was thinking too. I'm wondering why the OP just can't pay half the rent & let the landlord deal with it?
Click to expand...

Pay his half and let the landlord collect from the other flake
 
Originally posted by: DrPizza
Originally posted by: oldsmoboat
He signed the lease with the landlord? Doesn't that make him responsible to the landlord?
Click to expand...

Yeah, that's what I was thinking too. I'm wondering why the OP just can't pay half the rent & let the landlord deal with it?
Click to expand...

Thats not how leases work, the are BOTH responsible for the rent.
 
Originally posted by: bsobel
Originally posted by: DrPizza
Originally posted by: oldsmoboat
He signed the lease with the landlord? Doesn't that make him responsible to the landlord?
Click to expand...

Yeah, that's what I was thinking too. I'm wondering why the OP just can't pay half the rent & let the landlord deal with it?
Click to expand...

Thats not how leases work, the are BOTH responsible for the rent.
Click to expand...

It depends on how it was written. I have seen leases written where each party was responsible for their share. It was on a TV court show and may have been Judge Judy.
 
Why didn't you just find another roommate when the other one wanted to leave instead of being a putz about it?
 
Originally posted by: oldsmoboat
It depends on how it was written. I have seen leases written where each party was responsible for their share. It was on a TV court show and may have been Judge Judy.
Click to expand...

Some apartments that rent to students write leases for each individual in the apartment.
 
Originally posted by: ScottyB
Why didn't you just find another roommate when the other one wanted to leave instead of being a putz about it?
Click to expand...

The OP is a putz? The other person entered a legal agreement and willfully broke it, THAT person (if any) was responsible to find a replacement leasee.
 
It depends on how it was written. I have seen leases written where each party was responsible for their share. It was on a TV court show and may have been Judge Judy.
Click to expand...

True, but it's VERY rare. Tend to happen for more student housing or month to month situations where the owner is renting to multiple unrelated people. In an apartment, every person living there (adult) is usually on the lease. This prevents (say) a person from 'adding' a friend onto the lease who then leaves thus cutting their payment by 50%. Since the landlord can't place another person into the apartment (they can when they rent a room such as the student example), each person has to be liable for the entire payment.
 
Originally posted by: Bignate603
Originally posted by: oldsmoboat
It depends on how it was written. I have seen leases written where each party was responsible for their share. It was on a TV court show and may have been Judge Judy.
Click to expand...

Some apartments that rent to students write leases for each individual in the apartment.
Click to expand...

Ya, they were students.
 
Originally posted by: leglez
I work noon till almost 1:00 A.M. Friday - Wednesday when I come home I usually go to bed or watch a movie and on my days off I am usually out of town with family. The most people I have ever had in the house was 3 people plus me.
Click to expand...

Looks like me and the rest of ATOT need to come over for a party. I'll bring the hookers and blow.
 
Did the lease say anything about utilities? I could see asking for half of the rent, but half of the utils is being douchy.
 
Originally posted by: ScottyB
Why didn't you just find another roommate when the other one wanted to leave instead of being a putz about it?
Click to expand...

How about you sack up and pay the other half of the rent?
 
Originally posted by: Raduque
Did the lease say anything about utilities? I could see asking for half of the rent, but half of the utils is being douchy.
Click to expand...

asking for utils when he isnt living there is kinda iffy. rent i can understand, he signed a lease and if he cant find someone to sublet for him, he owes that. utils is another story. not fair to ask a guy who's not using anything to pay for utils also.
 
Originally posted by: oldsmoboat
Originally posted by: ScottyB
Why didn't you just find another roommate when the other one wanted to leave instead of being a putz about it?
Click to expand...

How about you sack up and pay the other half of the rent?
Click to expand...

I'm not the one on the hook for it. The other roommate is a dick, of course, but the OP was trying to force a situation that just wasn't going to happen because he was right and the other guy was wrong. Now he is out a bunch of money instead of none which he could have been by getting another roommate. Sometimes the real world doesn't work the way it should.
 
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