Legal advice needed

[kelel01 1]

Both my roommate and I are looking to move out. However, she left me a note saying that SHE will not be responsible for any penalties we suffer (2 months rent for lease termination, for example), NOR is she willing to live here with a new roommate, AND she wants her security deposit back. Does she have a leg to stand on?

[BillyVance 35]

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Does she have a leg to stand on?

Not if you take her kneecap out...

Seriously, that situation sucks... that stupid bitch...

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[kelel01 1]

I've never felt the need to take someone to court, but I will now. I have no qualms about it in this situation.

[chaoskitty 0]

Did she sign the lease with the apartment? If so, let them deal with her.

[chaoskitty 0]

Kelly.. another route you may be able to take. You lost your job and had to relocate. Sometimes if you talk to the leasing office and explain this to them, they will let you out of your lease early with no penalties.
Now whether they let HER out of her lease early.. ??

[reno316 0]

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Both my roommate and I are looking to move out. However, she left me a note saying that SHE will not be responsible for any penalties we suffer (2 months rent for lease termination, for example), NOR is she willing to live here with a new roommate, AND she wants her security deposit back. Does she have a leg to stand on?

Look carefully on the lease for the answer: If she signed it, and there's a phrase about "jointly and severally liable" for damages/fees/etc., then no, she doesn't.

If you are the only person that signed the lease, then you've got a tougher road. Then, too, she'd have no way to prove she ever paid you any money for the security deposit (unless you gave her a reciept, in which case you could, perhaps, show that the reciept was for a share of the deposit, and thus that she DID live there...)

Complicated enough yet?

Read the lease. If she's on it, she's equally responsible for the money. That's the ideal outcome. Beyond that, get a lawyer.

-- Reno

"If you can't say something nice about somebody, you must be talking about Hillary Clinton." -- Jeff Foxworthy

[kelel01 1]

Oh, she's on it. I wouldn't have had it any other way.

I just apprised my landlord of the situation via e-mail (AKA in writing), and I'm speaking with a lawyer friend in a couple of hours.

[lisamariewillbe 1]

If she signed the lease with the landlord she would have to notify them of her intent. Then they can laugh at her and say "we have a lease, you break it you will have to suffer the effects of breaking said lease"

Sudsy Fist: i don't think i'd ever say this
Sudsy Fist: but you're looking damn sudsydoable in this

[reno316 0]

If her name is on it, then she's legally just as responsible for damages, fees, etc. as you are.

Tell her to go pound sand.

-- Reno

"If you can't say something nice about somebody, you must be talking about Hillary Clinton." -- Jeff Foxworthy

[freeflir29 0]

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Oh, she's on it. I wouldn't have had it any other way.

There it is. You shouldn't have too many problems!

[gravitational 0]

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Oh, she's on it. I wouldn't have had it any other way.

There it is. You shouldn't have too many problems!

Caveat to this though is the verbage in the lease. The landlord may go after both equally for 100% of the outstanding debt. Once they get it, they're done. They're not going to go after 50% here and 50% there as both are liable for 100% of the balance, even if 'split'.

------
Michael

[freeflir29 0]

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The landlord may go after both equally for 100% of the outstanding debt.

Not saying that it can't happen but I have a hrd time seeing a judge ordering one party to pay more than 50% of the total. Now I CAN see Kelly spending more than this would have cost in the first place on an attorney.

[kelel01 1]

No . . . we don't even know what the lease termination cost is yet. If it's one month, I'll ask my landlord if I can pay it in 2 installments and just be done with it . . . but that bitch ain't gettin' her security deposit back for shit.

If we find out the penalty is 2 months, I'll take her ass to court . . . my father's a lawyer, so at least I wouldn't have to pay for HIM. And I'd sue for the court fees, too. But I think being willing to pay for all of one month (if that's what's declared) is pretty goddamn nice of me.

[freeflir29 0]

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But I think being willing to pay for all of one month (if that's what's declared) is pretty goddamn nice of me.

Yes it is and it's bullshit that you should pay anything more than what you owe. Why do the nice people always get screwed?

[gmittar 0]

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But I think being willing to pay for all of one month (if that's what's declared) is pretty goddamn nice of me.

Yes it is and it's bullshit that you should pay anything more than what you owe. Why do the nice people always get screwed?

Because it's easier to be a dick, and easier for nice people to suck it up and deal with it than fighting it.

|>.<|
Seriously, W.T.F. mate?

[mr2mk1g 10]

The point of the "jointly and severally" clause in the contract is that the landlord doesn't have to care who pays up. If the flatmate's difficult to trace and Kelly's still arround then Kelly gets the full 100% of the outstanding bill... even if the flatmate owes 50% of that.

Now how US judges look at the situation or maybe there's something in the rules of equity you guys have over there, I don't know. Maybe the judge would take pitty on the flatmate left behind... but that's not required by the "jointly and severally" clause.

[sdctlc 0]

I would wonder from her tone if the apartment is trashed? If so why does she think that you did it? Or are you betting that it will not be returned since this is a mid leese termination.

Scott C.

"He who Hesitates Shall Inherit the Earth!"

[mnealtx 0]

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I would wonder from her tone if the apartment is trashed? If so why does she think that you did it? Or are you betting that it will not be returned since this is a mid leese termination.

Scott C.

Or perhaps "once bitten, twice shy"?

I lost the security deposit on the first place I ever rented - had to break the rental agreement in the middle of the period due to a work move.

I make *DAMNED* sure that clause is in anything I sign, now...

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[JoeyRamone 0]

Do not give her the deposit back.

[Channman 2]

I guess you two have had a little spat and are not talking to each other. Which one in the photo is the trouble maker.

The one in the middle, left or right?

[Brains 2]

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I guess you two have had a little spat and are not talking to each other. Which one in the photo is the trouble maker.

The one in the middle, left or right?

In her avatar photo? The ones in the middle and left are definately trouble makers!! But i don't think the one on the right is her roommate either.

Kel, take this to one of those "Judge Judy" type shows, and make sure you tell us when it airs.

Never look down on someone, unless they are going down on you.

[Amanda965 0]

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Kelly.. another route you may be able to take. You lost your job and had to relocate. Sometimes if you talk to the leasing office and explain this to them, they will let you out of your lease early with no penalties.
Now whether they let HER out of her lease early.. ??

It is a law that they have to let you out of the lease, but only if you are getting a letter from your new employer...

Blue skies and SAFE landings!
~Amanda~

[marks 0]

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Did she sign the lease with the apartment? If so, let them deal with her.

this is crap.



if you moved in under the agreement, verbally or non verbally, you need to uphold your end of agreement. if you leave early, you pay what was agreed if you left early. same for her. if she doesnt pay, and your on the lease, then you will have to pay. then take her to court for what she didnt pay.

once you become "if ever" a landlord, you will see the crap you got to put up with. its kinda like being a parent sometimes

either way, the money that the landlord needs to break the lease, he gets. or you get bad credit. and so does she. credit is given when credit is due, if you owe! you pay. and if you cant handle stuff like this, then dont get a roomate next time. lesson learned.

and kelly, there is no term lease with me. just 30 days notice before you leave.

[Guest 1010]

NEVER hire a lawyer for something small. Very bad karma, mojo, muju, juju, whatever, you'll end having to chop soon . If it turns out you have to pay her side of it to square up with the landlord, take her to small claims court.

You can have it good, fast, or cheap: pick two.