What to do? Renter situation.

[TwoJ's]

I have a bit of a dilemma here. Today my room mate informed me that he was going to be moving out soon. But he signed a 1 year lease through August, so he contractually obligated to pay rent. The kicker is that he recently learned that his father has prostate cancer, and it has spread in to his bones. He says his family is in financial troubles because of this, but then he tells me that his parents will likely be moving to Hawaii in a few months.

I'm really at a loss here. I met the guy the day he signed the lease, so i really don't know him to well. I'd like to be sympathetic, but if he doesn't pay his rent and share of the utilities, I am going to be out $2500 - $3000 through August. It is my house, my mortgage and my name on the utilities. I have the money to cover it, but I really don't want to be out that much money.

So after all of that, do any of you have any advice? Does anyone here manage or own any rentals? This kind of ruined my Friday night..

[bimmer8604]

Just tell him he signed a contract and that its his duty to pay. If you wanted to be on the "hard" side you could always go legal. If his story is true, and his reasons for moving are to be with his family, then maybe cut a bit of slack if you have the means. Also, maybe he could recommend a new roommate or something to take over the bills?

[trent]

business is business. Nail the contract to his forehead.

[Jon325i]

Also, maybe he could recommend a new roommate or something to take over the bills?

This would be ideal - hopefully the replacement is some hottie you can bang in lieu of rent :-P

Jon

[Turf1600]

business is business. Nail the contract to his forehead.

[atomic]

business is business. Nail the contract to his forehead.

I don't buy his story, at least the family financial part. If his family is having it tough financially why the hell would they be moving to the most expensive place to live in the US, plus the cost to move there? If his dad has cancer, that sucks and I hate to hear that but from what it sounds to me is he is trying to get out from under his obligations...

Using the above quote is in your best interest, period.

[PiercedE30]

Either that or let him buy his way out of the contract by paying most, if not all, of the remaining rent/utilities.

[TwoJ's]

while I find his story suspect as well, I dont think he is lying. He would still be here going to school, but living with one of his friends on the couch.

After some thinking, I am going to tell him that he is welcome to leave if he buys out the balance of the lease. He says he is financially burdened, but him bailing on the lease would be burdening me just as much. Like someone said, business is business.

My question though is what if he refuses to pay? Pursuing him legally would end up costing me more money probably.

[QuorumCAll]

while I find his story suspect as well, I dont think he is lying. He would still be here going to school, but living with one of his friends on the couch.

After some thinking, I am going to tell him that he is welcome to leave if he buys out the balance of the lease. He says he is financially burdened, but him bailing on the lease would be burdening me just as much. Like someone said, business is business.

My question though is what if he refuses to pay? Pursuing him legally would end up costing me more money probably.

Actually, pursuing him in small claims court isn't very expensive in most states, you don't need a lawyer and it usually only amounts to a $40 filing fee. A similar thing happened to me, so I filed in court, but the guy didn't have a permanent address (he was staying at friends' houses around town), so even though I won the case since he didn't show, nothing really happened.

You have the benefit of living with the guy (my guy left the country on vacation and wouldn't answer my calls when he got back), so I would suggest telling him to find you a replacement roommate, so he can transfer the lease over to someone else, otherwise you will sue him in small claims once he stops sending rent checks. Also, start looking for a replacement roommate now. Don't take anyone's word, and get everything in writing, and if and when you get a new roommate, make sure that person is on the lease as well.

Don't get screwed over like I did.

[browntown]

Is subletting an option?

[parkerbink]

I would give him three options:

1) Find a suitable replacement
2) Pay most if not all of the remaining lease
3) Prepare for legal action

Additionally if you have a binding written agreement in most states you can withold possessions with a value not exceeding what is owed.

I'd also suggest in future if you don't already have a written rental agreemant that includes provisions for this type of situation you get one for the next renter so you have it all laid out in the event this happens again.

Good luck.

[z31maniac]

He's responsible for the rent, period.

Yeah, he's going through some tough times, but its not his place to make his burden your burden.

[andyman2487]

Force him to find a new roommate and make him do all the work. If he doesn't find one, he's legally obligated to pay the rest of his portion of the lease.

[AdironRider]

If you believe him Id make him an offer thats fair. Yes he signed a lease, but its March. You really think you wouldnt be able to find a replacement renter by August? Maybe a month or two to find the right person, but it shouldnt be to hard to have the place rented out after that period of time.

If hes been a good roomate to this time (no missed/late rent, good person to live with, clean, etc) Id throw an offer out there to have him pay half of what he owes before he leaves or threaten legal action. Say that you can legally withhold his possessions/take him to court. More than likely hell take the deal. You get 3 months rent money or so to cover your costs while you find a new roomie, and everyone comes out ok.

I work for a rental agency part time here in Jackson and have dealt with this situation numerous times. My agency hasnt had to go to court once yet when this situation arises with normal, decent renters.

If the guy has been a shitty roomate, take him to the cleaners by all means.

[Midnight Sun]

My question though is what if he refuses to pay? Pursuing him legally would end up costing me more money probably.

Not worth it at all. In Washington landlords are pretty much considered evil. Even if you have him bound in a lease there are so many loopholes YOU have to jump through to get what HE OWES YOU. It is pretty sad actually. I would maybe try and contact one of the bigger landlords in town like Jeff Grear or something and see if he has any advice to offer. Other then that, your only hope is the fact he is poor enough to not have a clue and will pay out to you instead of trying to find a lawyer. However, if he were to find someone to represent him you'd get boned. Fucking sucks, but that is the way the world is.

I had the same thing happen, luckily the girl paid out until she found a room mate. I would try and get him to pay, but if he doesnt there really isnt much you can do.