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  1. #1
    Join Date
    Feb 2009
    Posts
    4

    Default Roommate Can't Pay Rent and I Can't Force Him to

    My question involves a roommate in the State of: Arizona

    I have a roommate that does nothing but spend his money on crap and smokes pot ALL day. I can't even enter the apartment that I have paid for fully (both rent and bills) two months in a row without it smelling like weed.

    He has lost three jobs in 3 months and it's driving me crazy. I went to the management office and they pretty much told me without actually saying, "Since you are both on the lease, if he doesn't want to move out and can't/won't pay his part of rent...you'll just have to suck it up and deal with it till the end of contract".

    I'm trying to think of ways to either make him pay or make him get the hell out.....but each idea is shot down.

    I thought of moving my stuff out and also taking some of his stuff and hold it for ransom till he pays me back....but was told he could call the police for me stealing.

    I thought of calling the police about him constantly smoking pot....but could get arrested myself via "guilty by association".

    I'm gonna go up tomorrow and see if I can get the locks changed and they not give him a key till he pays me back in full...but doubt they will.

    I'm also thinking of getting the local media involved with a story of a growing trend of people signing a contract stating they will pay rent but then completely dump it on the other people on the lease.

    There has to be SOMETHING I can do....I mean he can't possibly go "No I won't pay and I won't get out cause I'm getting to live here for free." and I have to be just sit there and take it.

    I don't think that's fair that I pay for everything while he does absolutely NOTHING in return and yet gets everything his way.


    Please please PLEASE someone give me something I can use. If not...I'll going to have to do the same myself someday cause I'm tired of the honest people getting screwed and the dishonest people "Living the dream".

  2. #2
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Roommate Can't Pay Rent and I Can't Force Him to

    Ok...I've calmed down a bit so...let me clean the initial post up a bit and just give you the facts. (Damn no edit function...)

    We are on a joint lease. We BOTH signed it.

    I have always had my half on time while he always had his late...and I eventually got tired of that because if I were to rent elsewhere....they only get to see late payments...and not WHY it was late. So I offered to pay the first month in full while he would pay me back. Well now he's gotten comfortable NOT paying rent and bills and has neglected to pay it this month...actually he hasn't even brought it up or even attempted to pay for it.

    I constantly hear him say he's broke....but he gambles online (He actually told me this to my face he does this), smokes pot all day, and recently bought a handgun with a box of bullets.

    I went to the management office and told them he's not holding up to his lease agreement and I'm paying things solo for the 2nd month in a row. They say it's solely between me and him. I even asked, "So you mean if he doesn't want to pay and doesn't want to move out...there is absolutely nothing I can do about it?" They simply responded, "Sorry but we can't help you."

    They may have simply just said outright, "We don't give a rats ass....just give us our money. We don't care if it's just you paying or not."

    The kicker to this is I sleep in the living room on a cot...and he gets the bedroom and has a nice, huge bed....yet I pay for the internet, the lights (Which he leaves on 24/7 "so his dog can see), I pay for the pet rent when I don't own one, the water he uses, and the freaking roof over his head. He blows his money on crap and gets to live here for free.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roommate Can't Pay Rent and I Can't Force Him to

    They may have simply just said outright, "We don't give a rats ass....just give us our money. We don't care if it's just you paying or not."
    They pretty much did. Because they don't care, and they're not contractually obligated to.

    They're correct. You're stuck til the end of the contract, after which, you can move or refuse to have Deadbeat Dan there as a roommate.

    To recover what he owes you in rent and utilities, you take him to small claims court.

  4. #4
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Roommate Can't Pay Rent and I Can't Force Him to

    yeah...I figured. That seems to be the popular answer these days. I guess my next question(s) would be:

    How long would it take to see this get put into motion once I set him up?
    How long till I get paid after the hearing?
    Would it actually cost me as much money to take him to small claims than what he owes me?
    If it does cost anything at all to take him to small claims, can I sue him for legal fees?


    Thanks in advance.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roommate Can't Pay Rent and I Can't Force Him to

    How long would it take to see this get put into motion once I set him up?
    Set him up? Explain yourself.

    How long till I get paid after the hearing?
    However long it takes him to pay. If you want to move things along, you can go back to court and file for wage garnishment.

    Would it actually cost me as much money to take him to small claims than what he owes me?
    Small claims filing fees are usually $50 to $100 or so.

    If it does cost anything at all to take him to small claims, can I sue him for legal fees?
    You can ask. Whether you're awarded the fees is something else entirely.

  6. #6
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Roommate Can't Pay Rent and I Can't Force Him to

    What I meant by my first question is how long would it take from filing the issue to getting to the point we go to the small claims court to sort this out.


    Today I was talking to a friend who is a police officer in Cali. She called a dispatcher here in AZ about what I could do about his weed usage. I didn't know about his habits till after he moved in and then I haven't said anything because I heard I could be arrested because I live in the apartment with him.

    They said I could call if I suspect his usage and they would come down and search the place since I do own this place since I'm paying for it. Since it's a felony here in AZ I could simply get him arrested and out of the place.

    I'd rather get my money back but this way also seems to be a quicker and a more efficient way of getting him out....I just doubt I'd see the money he owes me....which I guess I'll be fine with since I can finally get rid of the deadbeat loser.

    What are your thoughts on this?

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