Roommate Did Not Pay Her Rent and May Not Pay for Future 9 Months

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

I have roommate, both of us signed on the leasing contract. However, since last December after the school semester finished, she disappeared. I guess she went back to her hometown. Then after a while, Landlord contacted me and told me that my roommate did not pay for her part of rent, and if I don't pay for her balance, then they will evict both of us in the court! so I paid for my roommate's rent for December and January! My roommate didn't respond to my emails and phone calls, I thought she will just walk away. finally recently I got response from her, and she said she does not owe me any money, and the rent I paid for her were a gift! Anyway, she is planning to remove her stuff from the apartment, I guess she found a boyfriend and she will move in with him, but I am not sure. What angers me is that her action caused treamendous stress on me and she didn't even bother to inform me that she didn't have money to pay. When she was here, she didn't even take out her own gabage filled with her private womanly discharge and I had to take them out because I didn't want the house smell like a dead person.

My question is what should I do?

Should I just let landlord evict both of us? just pay my part?

or I pay the rent and I sue her in small claim court? if I do so, how possible is that I can collect money from her?

1. Inform the roommate that she is financially responsible for her share of the rent until a. the lease would normally expire or b. a suitable replacement can be found for her.

2. While it is up to her to find a replacement, it is unlikely she will do this. Check with the landlord to see about you beginning the process of finding a replacement tenant to take this persons place.

3. Most leases have a clause where ALL tenants are "jointly and severally" responsible for the rent. That means when she left (and you remained), you still were responsible for the ENTIRE rent, not just your portion. This is why it is important that you try to find a replacement as soon as possible.

4. You do NOT want an eviction on your credit record as this may follow you around for a long time, making it more difficult to find rental property in the future and perhaps experiencing difficulty with getting loans.

5. Once a suitable replacement is found, sue the former roommate in Small Claims court. Will you collect this money when you win? Perhaps not (many don't). But you may get the satisfaction of scaring the dickens out of her that she is being sued and the judgement will end up on HER credit report.

Gail

Thanks, Gail, for your reply.

I have informed her the legal obligation many times, the landlord did the same thing. and then she told me not to pay for her rent. She said "if we are evicted, and go to court, both of us just tell court that she cannot pay for her rent, that is all". I don't think so though. and she is a law school student. I think she knows all these things well.

If I try to find a replacement, then will the responsibility fall on me? My roommate said she will try to find somone, but I am not sure.

"She said "if we are evicted, and go to court, both of us just tell court that she cannot pay for her rent, that is all". I don't think so though. and she is a law school student. I think she knows all these things well."

She's a ditz; does she actually believe that the judge will excuse you folks based on this reasoning?

"If I try to find a replacement, then will the responsibility fall on me? My roommate said she will try to find somone, but I am not sure. "

Unless you wish to be evicted, the reponsibility of paying the entire rent already falls on your shoulders. The landlord may also help find a replacement but many expect the remaining tenant to put forth some effort into advertising for such...and this would be a good thing because you'd have to live with this new person.

From how you've described your former roommate, I'd not put much hope in her putting any effort in lifting a finger in any of this. What the heck does she care if you're evicted and may find yourself sitting out on the curb with all your belongings. She's living with her new main squeeze.

Gail

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Quoting gail in georgia

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2. While it is up to her to find a replacement, it is unlikely she will do this. Check with the landlord to see about you beginning the process of finding a replacement tenant to take this persons place.

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That's not quite right. The remaining tenant has a duty to mitigate her damages by seeking a replacement, assuming the lease allows it or the landlord grants permission. If the lease prohibits any substitution of tenants and the landlord won't agree, then the remaining roommate has an excuse for not seeking a replacement - but that won't pay the rent.

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Quoting Grain

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I have informed her the legal obligation many times, the landlord did the same thing. and then she told me not to pay for her rent. She said "if we are evicted, and go to court, both of us just tell court that she cannot pay for her rent, that is all". I don't think so though. and she is a law school student. I think she knows all these things well.

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When you are sued for money, and you go to court and say, "I owe the money but I can't pay it," the judge is likely to (a) remind you that if you paid it you wouldn't be in court and (b) enter a judgment against you for the money you owe. (She's a law student? I suspect her grades aren't very high....)

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Quoting Grain

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If I try to find a replacement, then will the responsibility fall on me? My roommate said she will try to find somone, but I am not sure.

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If you are permitted to replace her and do not make a good faith effort, she will be able to use your failure to mitigate your damages as a defense to any claim you make against her.

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Quoting Mr. Knowitall

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That's not quite right. The remaining tenant has a duty to mitigate her damages by seeking a replacement, assuming the lease allows it or the landlord grants permission. If the lease prohibits any substitution of tenants and the landlord won't agree, then the remaining roommate has an excuse for not seeking a replacement - but that won't pay the rent.

When you are sued for money, and you go to court and say, "I owe the money but I can't pay it," the judge is likely to (a) remind you that if you paid it you wouldn't be in court and (b) enter a judgment against you for the money you owe. (She's a law student? I suspect her grades aren't very high....)

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Actually she got dean's scholarship, the fund was enough for her to pay everything but she used them up or she is lying.

my landlord said that if I find a replacement, then I need to agree to release my roommate off the lease. My question is: once I release her legally, can I sue her for the past rent she owes me? and I guess I cannot sue her for future loss if the new replacement doesn't pay rent due also? It seems like this only reward her irresponsibility, because she gets free for losing nothing. and I become the one who suffer all kinds of financial losses and worries.

Actually she may know this well, she wrote to me that she will give several contact info for potential roommate, I told her she needs to be responsible for looking for a replacement, not me. Is she playing because the law knowledge she has?

and I only have one class each week in VA, and I am living in another state, so I don't really need my room in VA. but I pay the rent because I am obligaged to. Landlord saw they can squeeze money from me, so they gave me pressure to pay the rent, and less likely they will let me go if my roommate agrees to signed me off the lease. ;)

If you have a new roommate who is paying what would have been your ex-roommate's share of the rent, then you are not accruing any more damages from the premature move-out.

If you end up paying your roommate's share then you can sue her for the money you claim she owes you subject to any defenses she may raise (such as failure to mitigate).

"Actually she may know this well, she wrote to me that she will give several contact info for potential roommate, I told her she needs to be responsible for looking for a replacement, not me. "

" Landlord saw they can squeeze money from me, so they gave me pressure to pay the rent"

Yes; she is responsible for finding a replacement. However (again) since your lease likely makes ALL tenants jointly and severally responsible for the rent, when one leaves, the others remain legally responsible for all the rent.

The landlord is not "squeezing" money from you. If you do not mind having an eviction listed on your record, then don't pay her share, don't find a replacement and prepare to have this take place.

Gail

New development: my roommate is in another state, so she sent someone to remove her things from the apartment. she asked the leasing office to release key to the woman my roommate asked to help her remove her stuff. but the leasing office didn't let her go in the apartment because both I and my roommate weren't there, and stated that without both tenants' signature, nobody can remove anything from the apartment. I feel unsafe now, my roommate will give her key to someone I don't even know, and they may come in at anytime. I want to ask leasing office to change the lock, is that possible?

I have a feeling that my roommate knows well even if she is evicted, nobody can touch her because she is under the poverty line (maybe). so even I sue her, because she doesn't have money, I cannot get any back. this is why she suggested me that we should just let landlord to evict us. :grumpy: She got full scholarship and Federal loan, I guess she doesn't really have money? I guess if one is poor, the court won't write the bad credit into her credit history? It is not the poverty that bothers me, it is her irresponsibility and inconsideration angers me. at least let me know you cannot pay. She kept me in darkness for more than one months, even I made so many attempts to reach her, she totally ignored and avoided me! She doesn't care about my credit history.

Had she informed me earlier, I still have time to seek for a roommate. But now everybody already found its place because school starts very soon. by now it is very hard to find a roommate.

If she's going to be an attorney someday (and that's starting to sound like a very big if) she will have money eventually. Judgments can be extended almost indefinitely depending on your state and how stubborn you are.