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  1. #1
    Join Date
    Mar 2012
    Posts
    8

    Default Roommate Gave Notice But Won't Move Out So That the New Roommate Can Move In

    New Jersey

    The situation:
    I've been living with my roommate (let's call him Steve) for about a year. He was on a month-to-month agreement with the landlord.

    December 21: Landlord calls me, and tells me that Steve is considering giving his notice. I tell the landlord i would be willing to sign a lease for the apartment if this happens.

    January 1: Steve gives notice to the landlord that he is moving out at the end of the month. Landlord accepts, and offers me a lease to the apartment, which i accept and sign.

    January 14: I send several text messages and voicemails over the past two weeks requesting to take pictures of the room for advertisements. On this day, Steve uses my digital camera to take photos of the room (he took the photos himself, using my camera).

    January 18: I get a call from the landlord saying that Steve is requesting to stay for one more month, because the deal he had with his new place fell through. I accept, with the provision that Steve pays the money he owes me before paying the February rent. (i paid a utility bill in his name using my debit card because he didn't have the money for it, and the power had been out for a week in December because of it). Steve says he'll pay the utility money by the 20th.

    January 20: Steve doesn't have the money. He says he'll pay "tomorrow"
    January 21: Steve doesn't have the money. He says he'll pay "tomorrow"
    January 22: Steve doesn't have the money. He says he'll pay "tomorrow". I show the room to a prospective tenant, anticipating that Steve is going to break the terms of our agreement. The prospective tenant tells me that the room is very messy, and he wouldn't rent it unless it was cleaned first. This is only relevant to me because 7 days earlier, Steve had sent me a text saying, "The room is seriously dirty…Seeing it in that state would probably make you less likely to rent it." Steve knew i would be showing the room, and left it dirty anyway.

    January 23: Another prospective tenant comes to see the apartment (by appointment, of course). Steve refuses to open the door. From behind the door, Steve says that he's staying, and there is "no need to show to room." I ask him if he has the utility money, and he says no.

    January 25: I call a meeting with Steve and my landlord. Steve gives the February rent to the landlord, and says he will pay the utility money by February 1. I give Steve and the landlord each a written letter stating that, in this meeting, Steve has agreed to pay the utility money by February 1, and i have agreed to let Steve stay in the apartment no later than February 29. Steve is very rude to me and to the landlord, stating, "I'm not signing this shit."

    February 1: Steve doesn't have the utility money. I hand deliver a letter to Steve telling him to move out by the end of the month, as i now hold the lease to the apartment. I cite his habitual non-payment of utilities, evidenced by the utility company shutting off the power 3 times in 2011, his continued non-payment of money owed directly to me, and his poor conduct towards me and my landlord during the January 25 meeting.

    It is now March 5. Steve is still here. The utility money is not paid. Steve actually hasn't given me any money whatsoever, and the rent was due on the 1st. Steve also has not contacted the landlord at all since January. The new tenant is still waiting, living at his parents' house until the room opens up.

    What do i do now? The lease is in my name only, and i owe the full amount of the rent, whether Steve pays or not. I need to rent that room, because i can't afford to rent the entire apartment by myself (not comfortably anyway).

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roommate Gave Notice, I Signed Lease and Re-Rented the Room. Now Roommate Won't L

    Your landlord needs to evict him.

  3. #3
    Join Date
    Mar 2012
    Posts
    8

    Default Re: Roommate Gave Notice, I Signed Lease and Re-Rented the Room. Now Roommate Won't L

    Thank you for the reply.

    The landlord has initiated the eviction process.

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