Roommate Has Not Been Paying Rent and Utilities

**jayd** · 04-12-2012, 11:41 PM

My question involves landlord-tenant law in the State of: MISSOURI

I recently moved in with my roommate mid-December. Everything was fine and my roommate seemed responsible when it came to money/bills. I would give him CASH for whatever I owed (rent/utilities) I never actually saw the utilities bills. I know, stupid. The first utilities bill I paid was in January. During Winter break, I was in Oklahoma with my family and daughter for about 2-3 weeks. He was gone during one of those weeks for a full week. Our bill that month was seemingly high, he said it's never been that high before and his previous roommate was very bad with leaving lights on and I always made sure to conserve energy. He went up to the company and questioned it but they said that was what it was read and so we just paid it.

It was either in March when our first problem occurred. I gave him about $72-74 for half of the utilities ($140-something) Again, I didn't see the bill. A few weeks later, after coming home from class, I found out the electricity was out. I had questioned him about the bill the week before and he told me we had a long time until it was due. I found the electric bill in his room and called them. Turns out, it was not paid even after I gave him my half. I ended up paying the whole bill to get it back on. That night he came home and we discussed it. He now owed me for the whole bill since I already gave him my $70+ plus the $140+ I had to pay. He said we would pay me back and deal with the late fees and the fees for reconnecting it. So he was to pay the next bill alone and still owed me for the $70+. He never paid it back.

This month (a month later), just this Monday, I woke up for class and found the electricity off again. I called the company again and got the balance. Turns out this whole time, the bills have been late so I have been paying late fees that aren't even my fault. I went ahead and paid the $150+ which included the late fees and the turn on fee from last time. I got a hold of him and he came home that night and repaid me for this bill and the $70+ he owed last month. I asked him if he had taken care of the rent issue (I thought it was just about the renewing) and he told me he dropped off $100 before he came home, but I'm not sure because he got home right when I did and I didn't see him stop at the office, but who knows. He told me he'd take care of the rest tomorrow or some other time. I left it at that.

Wednesday I was going to class when my Apartment office called me. She asked me if I could get a hold of my roommate and I told her no. She informed me that we were being evicted THAT SAME DAY because he owed more than $1000 in rent!!! I told her I didn't know because I've been paying my half myself. She told me that this eviction would ruin my credit score. My brother also cosigned for me and made sure I was going to not cause him problems. This infuriated me, who would cosign for me in the future if I needed it if I ruined their credit and how am I gonna rent or get loans or buy a car if I need to? So of course I paid $1009.36. I called, text my roommate all day with no response. I tracked down his step mother, and she was unable to get a hold of him. He is supposedly working with his step-father, so he should be around his mother. I got her contact info and she never answered.

Today, Thursday, I got the office to get a hold of his parents so that they are aware. I got a hold of his step-mother again and his father is now aware of the situation. Still can't get to him. I got his mother's work number and had to call her there with no choice. She said she would have him call me tonight. I waited until 9:30-10pm with no call. I called her back and she told me that everyone has been trying to get a hold of him and no one can. She told me I, along with everyone else calling her about it, was stressing her out. LIKE THIS DOES NOT STRESS ME OUT?! IT SHOULDN'T EVEN BE MY PROBLEM!!'

I now am short over a grand. His phone has been going straight to voice mail since Wed night. If he is at work, he should be with his family. He has not returned home. I am now wondering how I am going to pay for my other bills. I am an independent full-time student, a mother, and I have no other support. How am I supposed to pay for all my other bills, my upcoming half of rent, let alone the full rent if he doesn't come around? I'll get evicted anyways!!

I NEED the money NOW. Not months from now. I am contemplating about suing, but that requires months until I receive the money, and I'm not sure if he could even pay it all at once. I just don't know what to do!! I need help!!! I don't want to ask for my family's help. I chose a stupid roommate and I dont' want to upset them.

**Mr. Knowitall** · 04-13-2012, 12:06 AM

If your roommate won't pay you the money he owes, you can sue him in small claims court. I cannot promise that you'll get the money "now", "soon", or for that matter "ever".

**jayd** · 04-13-2012, 11:18 AM

So that's all I can do? My roommates phone doesn't even go to voicemail anymore. His mother told me to not call her anymore also. I feel bad for him. He has 4 parents and no one would step up and help so they are relying on a stranger to. I understand he is grown and must take care of his responsibilities but he's still their SON. He isnt anything to me. The supervised is now being contacted because I'm unsure if I can pay for rent, half or all. This whole place is furnished with my roommates things and he seems to not even care about his belongings. His stepmother told me to change the locks but that means I am taking over and I don't have the money for all the bills let alone my regular half now since i paid for his.

**LawResearcherMissy** · 04-13-2012, 11:27 AM

I understand he is grown and must take care of his responsibilities but he's still their SON.

Biology does not require that they pay his rent. You have no business contacting his family, so knock it off unless you're interested in a restraining order on yourself.

His stepmother told me to change the locks

Don't even think about it. It's illegal, and you can land in court, facing lovely fines.

Your option is to sue in small claims court, then sue again for enforcement. In the in-between, do what you can to keep from getting evicted, and move out upon the expiration of your lease term.

**jayd** · 04-18-2012, 03:08 PM

Quoting LawResearcherMissy

Biology does not require that they pay his rent. You have no business contacting his family, so knock it off unless you're interested in a restraining order on yourself.

Don't even think about it. It's illegal, and you can land in court, facing lovely fines.

Your option is to sue in small claims court, then sue again for enforcement. In the in-between, do what you can to keep from getting evicted, and move out upon the expiration of your lease term.

I was contacting his family because I didn't know where he went and I needed to get in contact with him SOMEHOW. Also he works for his mother's husband/boyfriend so he's been staying with her while he works or his father. She seems to be the only person in contact with him, but yet says she can't reach him. I'm not sure what to believe since his phone is off.

UPDATE: Found out he owes more than just the rent but it's late fees. He also owes a bunch for utilities and the late fees because I didn't know when the bill was due and it wasn't in my name until last time I had to pay and he's been getting all these bills and notices without saying anything.. just like the rent/eviction notices. I am now paying for everything myself and filing a small claims. Thing is; I want to file it as soon as possible, but am not able to leave until the end of May so I have to pay for rent and utilities until then. So should I wait and then add up the total cost he owes or should I just pay ahead and add it to the total cost.
Also, the apartment is basically filed with his property. The lady in the office said that anything left in the apartment will be put into storage and charged $50 a month. IF not paid, it will also ruin both our credits. This is what I'm concern about most, because I just want to take care of everything and be done with it, not continue paying!! I've done everything I can and now I'm still stuck with this guys crap plus the money he owes me which is going to take him forever to pay it off, if at all!! Is there anything I can do about his property? He obviously doesn't care about it, but I dont't want to be in trouble later for getting rid of his things somehow.
Plus, I'm not sure where to send court orders to. They said his job, but since it's his step-father's business, they don't even really have a real address. I could also send it to his mother, but I don't have her address and I'm not sure if she'll give it to me. His real father and step-mother doesn't even have contact with him because he avoids them.
Even if I sue him, I'm not sure he can pay it. In the state of Missouri, I'm not sure if they can liquidate his property. I didn't read anything about that in the Missouri handbook, but I've seen it in other states. I guess I should talk to the clerk. You can garnish, but I'm not sure if he has a job, he moves from job to job anyway. Also, upon getting mail for the first time, I saw that he is also being sued my the state of Missouri for child support because I guess he hasn't been paying for that either. What if he gets arrested? Would I ever get my money back? He got notices for the past due rent and about eviction, but never said anything to me at all.