Expert: Sylvia Bergthold - 12/4/2006

Question
Hello,

I live next to a university and i have a roommate that signed a 1 year contract with me. He recently came to me and said that he was moving out by the end of December. He says he said he would stay for only 6 months, but this is not the case and we do have a contract. I told him that he could leave if he found a replacement, or paid 1 months rent to cover January. I had management support on that.

He recently comes to me and says that he might stay, and if he does he might then leave in the middle of the semester, around march. He will not give me a straight answer on what he will do and there will be no possible way to find a roommate in march, because it will be in the middle of the semester. I don't want to get screwed here but this guy is tricky. I made an agreement with him that states that if he leaves by the end of DEC he will either find a replacement or pay JAN rent so i can find a roommate. Or, if he leaves in the middle of the semester, he has to find a replacement or pay the remaining months rent. He agrees, but when i put it on paper he refuses to sign.

What are my options here? What can i do? What stops this guy from just leaving one day and getting me stuck in a difficult situation?

Thank You

Answer
Hi Arya

First: your error was in having him sign a year lease. If you live by a university, they are on semester units and you should write up your lease agreements around that time period, not a year.  

Second: you cannot MAKE him find a replacement.  When you rent rooms it is up to you to find replacements. The outgoing renter can help you but you still need to make the final decision on WHO the renter will be.

Third: why would you even consider keeping him on? He sounds unreliable, not exactly honest and he could just walk out on you when the rent is due. Tell him you will go ahead and find a replacement for him IF he leaves at the end of December as he originally intended. And who ever heard of someone leaving college in the middle of the semester?  Get real!

Place an ad at the university housing department. The new semester starts in January (at least it does here on the West Coast).  Stop counting on this guy to do anything for you.  You need to get the ball rolling.

And from now on, I would STRONGLY suggest month-to-month leases unless you rent out a furnished place. Then the month-to-month is okay as long as you receive at least TWO MONTHS deposit, preferably three months which is legal in most places if you offer a furnished room.

Now start placing ads ASAP and go from there.

Sincerely
Sylvia Bergthold
www.aroommatesurvivalguide.com