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  1. #1

    Default Roommate Was Criminally Charged and Moved Out, in Texas

    I feel as though I am in a very touchy area right now, and am going to try to explain this story as best I can.

    I had signed a lease for an apartment August 16th of last year with another person. In late September of last year, my roommate whom I had signed the lease with was involved in a car accident, and was charged with Intoxication Manslaughter. He is currently being held on house arrest awaiting trial at his parents home. At the time of the wreck, I obviously felt horrible for everybody involved, including the other family, my roommate who was always a very nice guy who had previously never even had a speeding ticket, and my roommate's parents who appeared to be the sweetest people in the world.

    After the wreck, my roommate's parents were pushing me daily to try and find a new person who could step in and cover half of the rent. The apartment was a 2 bedroom and cost $1100 a month, so it was difficult to find somebody as quickly as they would have liked. For the next two months, his parents did cover his portion of the rent until a friend of mine moved in to the apartment. My options at the time were very limited, as his parents consistantly pressured me, explaining how they were going to have to sell their house to cover legal fee's, and how they couldn't afford to pay the rent for the remainder of the lease.

    Recently, things somehow have flipped upside down. I started getting harrassing text messages from his father about how I owe $200 for a cable bill that was in my former roommate's name, and how the court will garnish it from my paycheck, and so forth (I'm not stupid, so I know better then to take this seriously.)

    Yesterday, his father went to my apartment complex to have his son's name taken off the lease somehow (power of attorney maybe?) While in the leasing office, he told the property manager that I had another person living in the complex, which in turn gotten me in some hot water with my complex. Due to the outstanding events, I thought the last thing he would do is try to get me in trouble for helping him out...some people...

    When I look at the facts, the thing that jumps out at me is that he was on the lease all the way up until yesterday, so I believe I have some sort of legal right to half of the rent from the time of the wreck, to yesterday when his name was removed from the lease, regardless of who was "staying with me and occasionally helping out with bills." Also, I believe I should be entitled something for past electricity bills, as well as water/trash.

    Don't get me wrong, I did collect some money from my last failed two roommates during the time of his incarceration, but nothing even close to half the rent, IE, I'd be lucky if I recieved $300 a month, where as half of the rent would be $550 plus bills.

    I know this looks like I am trying to profit from an unfortunate situation, but I am out thousands of dollars, and plenty of headaches through this whole ordeal, which is a lot college kid like me. If I do somehow get the past rent owed to me, it would be donated to the other family or the battered women's shelter or something.

    Soo....any advice, tips, help, questions, concerns, would be great!

  2. #2
    Join Date
    Nov 2006
    Location
    Texas
    Posts
    354

    Default Re: Complicated Issue involving roommate and Intoxication Manslaughter- TX

    Quote Quoting ToughPosition
    View Post
    I feel as though I am in a very touchy area right now, and am going to try to explain this story as best I can.

    I had signed a lease for an apartment August 16th of last year with another person. In late September of last year, my roommate whom I had signed the lease with was involved in a car accident, and was charged with Intoxication Manslaughter. He is currently being held on house arrest awaiting trial at his parents home. At the time of the wreck, I obviously felt horrible for everybody involved, including the other family, my roommate who was always a very nice guy who had previously never even had a speeding ticket, and my roommate's parents who appeared to be the sweetest people in the world.

    After the wreck, my roommate's parents were pushing me daily to try and find a new person who could step in and cover half of the rent. The apartment was a 2 bedroom and cost $1100 a month, so it was difficult to find somebody as quickly as they would have liked. For the next two months, his parents did cover his portion of the rent until a friend of mine moved in to the apartment. My options at the time were very limited, as his parents consistantly pressured me, explaining how they were going to have to sell their house to cover legal fee's, and how they couldn't afford to pay the rent for the remainder of the lease.

    Recently, things somehow have flipped upside down. I started getting harrassing text messages from his father about how I owe $200 for a cable bill that was in my former roommate's name, and how the court will garnish it from my paycheck, and so forth (I'm not stupid, so I know better then to take this seriously.)

    Yesterday, his father went to my apartment complex to have his son's name taken off the lease somehow (power of attorney maybe?) While in the leasing office, he told the property manager that I had another person living in the complex, which in turn gotten me in some hot water with my complex. Due to the outstanding events, I thought the last thing he would do is try to get me in trouble for helping him out...some people...

    When I look at the facts, the thing that jumps out at me is that he was on the lease all the way up until yesterday, so I believe I have some sort of legal right to half of the rent from the time of the wreck, to yesterday when his name was removed from the lease, regardless of who was "staying with me and occasionally helping out with bills." Also, I believe I should be entitled something for past electricity bills, as well as water/trash.

    Don't get me wrong, I did collect some money from my last failed two roommates during the time of his incarceration, but nothing even close to half the rent, IE, I'd be lucky if I recieved $300 a month, where as half of the rent would be $550 plus bills.

    I know this looks like I am trying to profit from an unfortunate situation, but I am out thousands of dollars, and plenty of headaches through this whole ordeal, which is a lot college kid like me. If I do somehow get the past rent owed to me, it would be donated to the other family or the battered women's shelter or something.

    Soo....any advice, tips, help, questions, concerns, would be great!

    Who are you wishing to sue for the back rent? The ex-roommate under house arrest or his parents? If he is over 18 (and I assume he was last August when he signed the lease contract as an adult), then your only recourse is against the roommate...not his parents (unless they co-signed the lease). It's nice that his parents tried to help cover his costs...but they were not legally obligated to pay you anything.

    I'm assuming the ex-roomate has no assets or income that you could even hope to recover your damages from.....and, if he's found guilty of manslaughter, it will be a long time before he is able to earn a living.

  3. #3

    Default Re: Complicated Issue involving roommate and Intoxication Manslaughter- TX

    Quote Quoting Just Breath
    View Post
    Who are you wishing to sue for the back rent? The ex-roommate under house arrest or his parents? If he is over 18 (and I assume he was last August when he signed the lease contract as an adult), then your only recourse is against the roommate...not his parents (unless they co-signed the lease). It's nice that his parents tried to help cover his costs...but they were not legally obligated to pay you anything.

    I'm assuming the ex-roomate has no assets or income that you could even hope to recover your damages from.....and, if he's found guilty of manslaughter, it will be a long time before he is able to earn a living.
    I figured that I wouldn't have much to go after his dad for, except maybe harassment and slander, but I believe that is too petty to push on the family (I'm still a decent guy, heh.)

    He is 24 years old, and is currently working full time while on house arrest, they do allow him to go to work and back only. I know that his parents bought him a nice 50in flatscreen and a every video game he could want since he was going to be bored sitting at home, but he does currently work full time making more money then I do.

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Complicated Issue involving roommate and Intoxication Manslaughter- TX

    Sue the spoiled brat.

  5. #5

    Default Re: Complicated Issue involving roommate and Intoxication Manslaughter- TX

    Quote Quoting seniorjudge
    View Post
    Sue the spoiled brat.
    Assuming that is the route I go, does it matter that I've had "temporary roommates" who have paid portions for the rent, or should I just sue on the assumption that I paid the full rent every month? Legally speaking, since only him and I were on the lease, I would be owed half of the rent from the time of the wreck until yesterday, am I correct?

  6. #6

    Default Re: Complicated Issue involving roommate and Intoxication Manslaughter- TX

    Somebody edited my title, as I do appreciate the help, could somebody please modify the title from what it is now, as he has not technically been charged, and has not faced trial. He is on house arrest awaiting trial...

    Thanks again for all the help

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Complicated Issue involving roommate and Intoxication Manslaughter- TX

    If he's facing trial, he has been charged - he's just not (yet) convicted.

  8. #8

    Default Re: Complicated Issue involving roommate and Intoxication Manslaughter- TX

    Quote Quoting aaron
    View Post
    If he's facing trial, he has been charged - he's just not (yet) convicted.
    ah, thanks for clearing that up

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