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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Angry I Had to Move. Ex-Roommate Refusing to Get Replacement Roomie, Forcing Me to Pay

    My question involves a roommate in the State of: Oregon

    I got a roommate in January to help cover costs for my lease that runs through August. I found her online. The original agreement was that each of us would pay half the rent and I would pay utilities, since it wasn't much more to add another person on the utility bill.

    She was fine as a roommate, aside from the refusal to bathe her overweight, disgusting cat, to clean out its litterbox, to clean, or to buy any necessary cleaning products, toilet paper, etc. She also was a partier, out nearly every night and would come home noisily every morning. She also often had random boys sleep in her room with her.

    Another neighbor had a dog that barked every time I opened the front door, made noise near the door, flushed the toilet, etc. This went on for months, the dog barking about 5 minutes each time. I was fed up after complaining to my complex about 30 times. I started to get pretty mad and didn't handle it well. I took to yelling and cussing while in the hall in hopes that I would scare the owner into shutting her dog up. Turns out she was elderly, she sent her daughter to talk to me, who threatened to call the police and/or file harassment charges. Both of these were eventually done. The police came to investigate elder abuse and my apartment complex gave me a warning that if I continued my behavior I would be evicted. I had literally tried everything, from dog whistles to dog training books to the neighbors, etc. It was only after four or five months that I started getting completely irate.

    Afraid that I was going to be evicted, and not wanting a bad review of me on file for the next time I tried to get an apartment or a bad credit rating, I decided to move out and try to save some inkling of my sanity. I was getting to the point where I was in so much distress and unable to calm down that I didn't want to get out of bed for fear of being barked at. My grades were dropping in college, etc. I had to leave.

    Before I did, I talked to my roommate and said I couldn't stand it there anymore and had to get out. I was willing to pay for the amount of time it took us to find a new roommate. It was agreed that I would write the ad and whittle down the potential new roomies. I would forward the emails to her, she would pick who she wanted to meet, and we would meet them together. I had talked to the apartment office and they said if a new roommate was found I could be completely released from my share of the lease. Provided my old roommate signed me off.

    So I moved out thinking all was well, managed to convince about 10-15 people that my place was awesome, and forwarded them to ex-roomie. She got all ridiculous and said that I was forcing her to make a decision too quickly, that her safety was at risk, etc. She wrote up an email and showed it to me via Facebook that she said she sent to the potential roommates. It discussed how the apartment complex had bedbugs, problems with management and maintenance, how the dog barked "very frequently" (but ex-roomie is friends with its owner, surprise to me, and if new roomie tries to complain that's the end of them living there), how new roommie would have to pay 100 percent of the bills, do the dishes in the sink because there's no dishwasher (including ex roomie's dishes), etc.

    I had a few potential roomies that were very interested and emailing me nearly every hour. After ex roomie said she sent the email, I stopped getting emails from the potential roommies altogether, and a replacement wasn't found. I can only assume she actually sent the email.

    I've been nice and kept asking her gently to try to find a new roommate. But I moved out in April, paid for May, and now June...I really doubt anyone will be willing to move in for two months. Still, I tried asking ex roomie and she said that email will be sent to any new roomies and if I try to get someone in without her permission, she'll call the police for trespassing.

    I've been paying my share of the rent and all of the utilities, and living on my credit cards, unable to pay them off since I'm paying for two places. I had to have one of my friends move into my room in the old house I moved into, and worked out a deal where each of us pays half of the rent for the room through August. But I'm still not happy.

    Since ex roomie and I were both on the lease, I can't break it without her permission, make her the sole leaser without her permission, or even confirm that August is the end of the lease and prevent it from going month-to-month after August without her permission. I can't transfer utilities to her name or shut them off since it's a tower building and utilities are paid to the apartment management office with the rent.

    Because of her actions I am out about $2600, assuming nothing changes through August and I am magically able to get out with my two-page signed, notarized, registered letter with signature confirmation to management that I had tried to give 30 day notice way in advance of August that I didn't want it to go month to month and management said I couldn't without ex roomie's permission. I told them in the letter that I cannot be held responsible for her actions and there is no such clause in the lease that says that both Residents have to sign the paper for one to be done when the lease is up.

    Do I have a case at all to sue her in small claims court for lost rent and utilities that a roommate would have covered during this time if I have:
    - a witness who heard the verbal agreement that a new roommate would be found
    - a copy of the email she sent to the potential roommates, and emails from the potential roommates about the letter that was sent
    - evidence from mediation services who attempted to contact her and see why she refused to get a roommate, and she refused to come in and speak with them or even discuss it in more detail over the phone
    - texts from her saying that she would only get a new roommate if they agreed to the terms set forth in the sabotaging email

    My university has free legal services and I am considering it. I am also considering suing my apartment complex because it seems like they are not following landlord-tenant law to me, but I'm not a legal expert. Everything they tell me is just really fishy, and it seems like they make up laws on the spot and clauses that aren't in the lease.

    Any suggestions of what to do? I really hate paying for this girl and am having a really hard time keeping calm.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I Had to Move. Ex-Roommate Refusing to Get Replacement Roomie, Forcing Me to Pay

    Whatever else happens with your roomie, you're on the hook to your landlord for the duration of the lease.

    If you have found a replacement roommate who is acceptable to your landlord, but is being unreasonably rejected by your roommate, you can use that to argue that your obligations to your roommate have ended.

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