About Sylvia Bergthold Expertise I can answer questions dealing with roommate situations including compatability, leases, placing roommate wanted ads, what you have to offer to a roommate, sharing of utilities and other services, interviewing techniques and questions, some legal aspects of housesharing, clearance information, etc.
Experience I have had roommates in my home for over 32 years and am the author of:
"SORRY, THE BOA HAS GOTTA GO!" A Roommate Survival Guide
Publications The Los Angeles Times, The HB-FV Independent, The Arizona Tribune, Lansing Michigan Rental Guide, Roommate Locator Newsletter, The Plain Dealer,, Las Vegas Sun, Apartment Lifestyles Magazine, Instyle Magazine, The Whiz.com, Cosmopolitan, Under 25, The Portsmouth Herald
Question Thank goodness we are listed under different guarantors. My mother is mine, and her brother who is in the U.S. Army is hers. I have talked with the management office, and our next stop is to call the U.S. Army base to get her brother's number, as I am positive that he knows absolutely nothing about it! The lease, which began in August, is a twelve month, so will not be up until July 31. As far as breaking a lease is concerned, what are the credit consequences? I absolutely cannot have an eviction on my record!
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The text above is a follow-up to ...
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I got an apartment with a girl that I go to college with in August. She later found out she was pregnant, and has basically not been here lately, but her stuff is still here. I was notified a few days ago that there is a past due balance on our account for her half of the rent for the last three months, including three late fees and an NSF fee (she wrote a bad check for the month of October). The notice said that we had ten days to pay or risk possible eviction.
My question is, what exactly are my rights in this matter? The lease has both of our names on it, and we are both listed under different guarantors, but it says that ultimately everyone on the lease is responsible in the end. Would my only choice be to sue her in small claims court for both the past due balance and her remaining half of the rent through July?
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Hi Alison
You need to talk to BOTH guarantors first, especially hers. The leasing office needs to talk to them also and get the money from them of her past due amount. That should be their first choice, not getting the money from you.
You don't state for how long the lease period is. You will need to talk to the landlord again about either breaking the lease, or replacing your roommate on the existing one. This is a mess Alison and the moment your roommate stopped "being around", you should have began questioning what her plans were.
Go to the Fair Housing Council in your city (usually located in city hall) and bring the lease agreement with you. They may be able to determine who has to pay what to whom.
Your roommate is a number one A Flake and you got stuck with a loser. You need to buy my book and find yourself someone ASAP to replace her. And this time, do it correctly or you could end up with the same mess again.
As far as suing her in small claims court; although you have a case, collecting on a court ordered judgement is another matter entirely. Just be prepared with lots of paperwork, etc. Just remember that if is pretty hard to get money from a flake... "you can't get blood from a turnip" as the old saying goes.
Good Luck
Sincerely
Sylvia Bergthold
www.aroommatesurvivalguide.com
Answer hi again Alison
You absolutely DON'T want an eviction on your record. It shows up on your credit report and when a potential landlord does a credit check on you, there is this eviction in glaring letters. No one in his right mind would rent an apartment to you with this eviction on your record. AND... if you would apply for a car loan, a credit card, etc. you would have to pay a higher interest rate because of this eviction. So NO, you don't want this on your record.
Hopefully the landlord can get in touch with your roommates brother ASAP. Let us hope he is NOT stationed in Iraq. Otherwise you have a whole new problem on your hands. But work closely with the landlord thru all of this mess.
Go to my website, buy my book and start procedures in replacing your very flaky roommate. Talk to the leasing office to help you out. They will follow the same procedures they did with you and your present roommate. My book goes into more detail about this.
And if worse comes to worse, your mother might have to pay all the back rent and charges of your roommates in case the brother cannot be contacted. THEN you can sue the brother in small claims court for the money.
