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  1. #1
    Join Date
    Oct 2005
    Location
    chicago
    Posts
    1

    Default Can I make him pay?

    I currently have a lease with two other roommates on a four bedroom apartment. We had a room open starting september 01 and this guy, let's call him Bill, took us up on this room. His name was not added to the lease, rather, we had a verbal agreement that he would pay for 1/4 of the rent every month, just as everybody else does. He agreed. He moved in.
    Bill made us aware that he would not be around much because he was working on a senior art show until 6 weeks later. He missed his first month's rent and when we asked about rent several times, he informed us he would pay. We assumed he was too busy to come by the apartment. The second month came and I asked him about rent once more. He replied with how busy he was and that he was aware about rent and that he would pay when he got around to seeing us. He also invited us to his art show 6 weeks after his initial move in, which we went to. When we went to the show he said he'd be around now that his show was over. So a few days passed and no word from Bill. I called several times and left messages. I called once more in frustration and talked to him. He informed me that he would not be staying in our apartment. This is 7 weeks after he moved in.
    Now, not only did we cover him for two months worth of rent, we will most likely have to pay for the next month's rent since it is too late to find another roommate.
    Can we recoup some of our money from him in a small claim's court? If that's not possible, would it be terribly wrong to sell or keep some of his posessions in order to offset this loss? Any legal suggestions would be helpful. Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can I make him pay?

    Quote Quoting minpan1
    Can we recoup some of our money from him in a small claim's court?
    A month-to-month tenant is normally responsible to give a full month's notice before moving out, so you can probably recover for the seven weeks of tenancy plus a month after he told you he wasn't coming back, should you take him to small claims court.

    Quote Quoting minpan1
    If that's not possible, would it be terribly wrong to sell or keep some of his posessions in order to offset this loss?
    Probably not a good idea. You need to make sure that you treat his property in a manner consistent with state laws governing tenant property.

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