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Roommate Told Me to Move Out, but Wants Me to Pay

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  • 05-15-2011, 09:42 PM
    jconway45
    Roommate Told Me to Move Out, but Wants Me to Pay
    My question involves a roommate in the State of: Ohio

    My best friend, her boyfriend, and I are all living together in a rented house. We signed our one year lease back in August 2010. It is now May. I have been miserable for months from all the tension in the house because of their relationship issues. Finally, the boyfriend and I got into it through text messages when I was away for the weekend. He was completely rude with intentions of talking like an adult, but then told me to move out. He precisely stated "Yes move out and you will never have to pay anything ever again". I took that in stride, made a plan, and decided to move out at the end of this month. According to the lease we all signed, nothing can change without a modified lease. I made composed a modified lease, had it approved by the landlord, and asked them to sign it. Now they are refusing. They want me to move out, told me to move out, but want me to pay out the remaining months left on the lease. How can he tell me to move out and have no consequences to his actions? I have all of the text messages saved, will that do anything for me? I am moving out regardless if I have to pay the remaining months on the lease or not. As far as the utility bills go, they are not in my name, are not on the lease, am I responsible for them?

    Do I need to get a lawyer? What is the next step I need to take to get this in control? I refuse to let this idiot run me out of my home, where I pay to live, and expect me to pay him!

    I need help ASAP.
  • 05-17-2011, 10:22 AM
    Mr. Knowitall
    Re: Roommate Told Me to Move Out, but Wants Me to Pay
    If you move out without resolving your commitment to your landlord, and if your former roommates fail to pay the rent or damage the unit, the landlord can pursue you for money owed.

    If your roommates take the position that you owe them money, they can sue you for the money they claim you owe. You can offer that text message, which you should keep, as evidence to counter any such claim.
  • 05-17-2011, 01:47 PM
    SimplyTheBest
    Re: Roommate Told Me to Move Out, but Wants Me to Pay
    Quote:

    Quoting jconway45
    View Post
    My question involves a roommate in the State of: Ohio

    My best friend, her boyfriend, and I are all living together in a rented house. We signed our one year lease back in August 2010....<snipped irrelevant>....I am moving out regardless if I have to pay the remaining months on the lease or not.

    Then what's the issue. :confused:
    Quote:

    As far as the utility bills go, they are not in my name, are not on the lease, am I responsible for them?
    Morally? Of course, when you lived there. Legally, I doubt there would be a strong case for your being responsible for utilities consumed when you lived elsewhere.
    Quote:

    Do I need to get a lawyer? What is the next step I need to take to get this in control? I refuse to let this idiot run me out of my home, where I pay to live, and expect me to pay him!
    :confused::confused:
    Something to think about. Move out, don't pay anything. What are the real chances you will be sued, a judgment obtained and collected? My bet is that there is not enough money involved for it to be worthwhile. Your two leftover roommates will pay at least 2/3rd of the rent and all of the utilities unless they like living without water and working toilets. :p
  • 05-17-2011, 05:38 PM
    CPO_MK
    Re: Roommate Told Me to Move Out, but Wants Me to Pay
    If you really want to pursue this you need to contact a lawyer; your landlord and you are in agreement about a novation releasing you entirely from the lease but the remaining tenants are not in agreement. They cannot have their cake and eat it too however; either they want you out or they don't. Since I imagine you can't afford to pay double-rent, tell your roommates point blank that if they really want you out, they will sign the novation the landlord and you worked out and release you from the lease; if they want you to continue paying rent, you will continue to get something for your money and remain living in the unit (obviously not the best solution for anyone involved due to the tensions that put you in this situation in the first place). If you want to take your chances on the odds of having an eviction lawsuit brought against you (and the odds of being found at least partially liable even if it does go to court, which if about 50/50 depending on your judge), then go ahead and move out, stop paying rent, and move on.

    Your other option that sort of combines both of the above: ask the landlord for a written agreement that he will accept partial payment from the remaning tenants - in the amount of whatever they had been paying previously - and waive the remaining portion owed from you. This does not modify the lease agreement per se, in that the rent is still X amount. For example, if the rent is $900/month and you split it evenly three ways, this new agreement between only you and the landlord would state that he would accept $600/mo from the remaining tenants, and waive the remaining $300/month. The terms of the lease are still intact and unchanged as the rent is still $900/mo, but he is voluntarily accepting partial payment on that. I'd still talk to an attorney first just to see what the cleanest way to go about this is; it's not likely the other roommates would need to agree to and sign this sort of thing but just double-check to make sure.
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