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I'm in the 6th month of a 12 month lease agreement and we are both on the lease. We've been paying everything half half. I want to move into my own place but my roommate is not allowing it out of spite. Just really childish behavior. I told my roommate that potential tenants will be visiting and I want her to meet them but she doesn't return my calls and stays unavailable. It seems that I need to get her signature on the amended lease. What can I do here? I have no idea why she is not allowing me to leave when we don't get along.

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so the roommate was switching teams?

libralibra (Nov. 02, 2016 @ 8:32p) |

Or the landlord cashes OP's check and tries to collect another 6 months' rent from the roommate after telling the roomma... (more)

Revike (Nov. 02, 2016 @ 8:43p) |

OP is trying to get off the lease without paying the rest of the lease.  Separate from the suggestion there.

Bend3r (Nov. 02, 2016 @ 9:17p) |

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PYBD

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And the finance related question is?

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It sounds perfectly reasonable for her to want to share an apartment with you but not with a stranger. Time to be nice. Or just stop paying if you want to play not nice. I'm assuming you have a normal lease where you're jointly liable for the rent rather than individually.

I'm also assuming this is an arms-length deal and she's not your girlfriend.

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Judge Judy!

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just move out and don't pay your share, that will get attention

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Wouldn't that affect my credit?

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Not getting the full story here. Old girlfriend?

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No, random off craigslist

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In theory, it would only hurt your credit if your roommate doesn't meet their end of the deal, between her and your landlord. If she's on the lease with you, just because you don't "pay your share" doesn't mean that she's not on the hook for 100% of the rent. I do not condone stiffing her, but that's a choice you need to make, and live with. Unless there is some 50-50 clause in the lease, which I highly doubt. However, this is almost exactly like co-signing on a loan. If one person doesn't pay, the other is still obligated to. The 50-50 deal you have, is simply an arrangement between yourself and your roommate.

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Does the lease even allow you to sublet?

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jerosen said:   Does the lease even allow you to sublet?

Yes it does

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What do you mean when you say the roommate is not allowing you to sublease? If she's just refusing to meet the people that will be living there, then she's not really stopping you from doing anything. Unless you signed some sort of contract with the roommate or the landlord saying that you couldn't sublease, I don't see where you are being stopped from doing it.

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Let your roommate find her new rommate to replace you. She's not going to want to sign off on some random stranger you bring in without her approving it. If she picks the replacement then she'll get someone she wants and she'll be more likely to want to sign.

You can also offer your roommate a financial incentive. For example you could agree to pay her $100 a month towards the rent for the remainder of the lease.

You don't seem to have any leverage at all here.

Only other options I see are :
1. live with her for 6 months
2. move out an stop paying rent and end up evicted with a judgement on your record ( not a good idea)
3. move out and pay your share of the rent.

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jerosen said:   Let your roommate find her new rommate to replace you. She's not going to want to sign off on some random stranger you bring in without her approving it. If she picks the replacement then she'll get someone she wants and she'll be more likely to want to sign.

You can also offer your roommate a financial incentive. For example you could agree to pay her $100 a month towards the rent for the remainder of the lease.

You don't seem to have any leverage at all here.

Only other options I see are :
1. live with her for 6 months
2. move out an stop paying rent and end up evicted with a judgement on your record ( not a good idea)
3. move out and pay your share of the rent.

  why isn't there a number 4. Move out, sublease to someone from craigslist and continue paying rent by collecting from new tenant ?

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Sounds like OP has already moved out...

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rza1 said:   I have no idea why she is not allowing me to leave when we don't get along.She wants you to stay long enough for her to find a place ... and move out on you!
  

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Find a handsome guy to move in.

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meade18 said:   
jerosen said:   Let your roommate find her new rommate to replace you. She's not going to want to sign off on some random stranger you bring in without her approving it. If she picks the replacement then she'll get someone she wants and she'll be more likely to want to sign.

You can also offer your roommate a financial incentive. For example you could agree to pay her $100 a month towards the rent for the remainder of the lease.

You don't seem to have any leverage at all here.

Only other options I see are :
1. live with her for 6 months
2. move out an stop paying rent and end up evicted with a judgement on your record ( not a good idea)
3. move out and pay your share of the rent.

  why isn't there a number 4. Move out, sublease to someone from craigslist and continue paying rent by collecting from new tenant ?

  

Because OP said: " It seems that I need to get her signature on the amended lease"

And the current roommate isn't agreeable to that. 

Thats the whole problem.   If OP could just sublet it without roommates consent then she'd have done so.
 

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jerosen said:   
 
Thats the whole problem.   If OP could just sublet it without roommates consent then she'd have done so.

  Sounds more like to me that OP is trying to get their name OFF the lease instead of subletting
 

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jerosen said:   
meade18 said:   
jerosen said:   Let your roommate find her new rommate to replace you. She's not going to want to sign off on some random stranger you bring in without her approving it. If she picks the replacement then she'll get someone she wants and she'll be more likely to want to sign.

You can also offer your roommate a financial incentive. For example you could agree to pay her $100 a month towards the rent for the remainder of the lease.

You don't seem to have any leverage at all here.

Only other options I see are :
1. live with her for 6 months
2. move out an stop paying rent and end up evicted with a judgement on your record ( not a good idea)
3. move out and pay your share of the rent.

  why isn't there a number 4. Move out, sublease to someone from craigslist and continue paying rent by collecting from new tenant ?

  

Because OP said: " It seems that I need to get her signature on the amended lease"

And the current roommate isn't agreeable to that. 

Thats the whole problem.   If OP could just sublet it without roommates consent then she'd have done so.

  Gotcha, I missed that part.

rza1... Why do you need to get the roommate's signature on an amended lease? Is that a requirement of your landlord? If so, can you just sublease to someone and leave your name on the lease instead?

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What makes OP think that they can sublet the property individually.

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This is ONE reason that I just have my roomie on field jobs (usually someone I work with) as a not-on-lease roomie. I also do short leases so if I have to leave then it is generally month-to-month by then and the roomie tends to be willing to assume the lease if they are staying in market.

If they are on the lease then they have to sign off on anything related to the unit. As OP is finding, the other tenant wants to hold OP to his/her agreement. The downside is that my "roomie" can leave any time he wants since he isn't financially responsible for the unit. That is one reason I tend to stick with co-workers on contracts.

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pics?

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we would need better photos of you and your roommate to properly give you legal guidance.

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rza1 said:   I'm in the 6th month of a 12 month lease agreement and we are both on the lease. We've been paying everything half half. I want to move into my own place but my roommate is not allowing it out of spite. Just really childish behavior. I told my roommate that potential tenants will be visiting and I want her to meet them but she doesn't return my calls and stays unavailable. It seems that I need to get her signature on the amended lease. What can I do here? I have no idea why she is not allowing me to leave when we don't get along.
  She doesn't return your calls? Don't you live with her? 

If she's never available, how can you two not get along? 
 

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rza1 said:   
jerosen said:   Does the lease even allow you to sublet?

Yes it does

  Then you just need to get the new tenant's signature on the lease with you.  That's what "subletting" is, you continue to lease the house and resell your right to use it to another person.

What you are trying to do is break your lease, with the blessing of the landlord by bringing in a replacement tenant to take over your responsibility.  Regardless of why your roommate is doing it, yes you need everyone's cooperation for this to happen.  All you can force to happen (assuming what you say about the lease is true) is sublet it, with you remaining responsible for rent then hoping your sublettor pays you.

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Why do you want to move? 6 months is not really that long to wait. I wonder if you could move out and lease your room on airbnb or something like that..

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rza1 said:   I have no idea why she is not allowing me to leave when we don't get along.
 

  For spite.

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op you signed a contract and now you must abide by it. welcome to grown-up land.

best advice is to figure out how you're going to get along with your room mate and be prepared to leave at lease end.

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jerosen said:   Let your roommate find her new rommate to replace you. She's not going to want to sign off on some random stranger you bring in without her approving it. If she picks the replacement then she'll get someone she wants and she'll be more likely to want to sign.

You can also offer your roommate a financial incentive. For example you could agree to pay her $100 a month towards the rent for the remainder of the lease.

You don't seem to have any leverage at all here.

Only other options I see are :
1. live with her for 6 months
2. move out an stop paying rent and end up evicted with a judgement on your record ( not a good idea)
3. move out and pay your share of the rent.

  I think she has 100% of the legal leverage.   In most contracts parties are both liable for the rent in whole and the landlord can go after both or either.   I'm not saying at all that she should stick the roommate and just bail.  She can, however, and the roommate will be liable for the rent.   It's in the roommate's best interest to find someone to split the cost.  If the OP wants to be a jerk, she could walk and screw the roommate completely.  I'd sit down the with the other party and lay out the options.  I can understand the roommate not wanting to accept any and all replacements, and it's reasonable for her to want a say.  If the contract allows subletting, however, she may have to suck it up.   I'd explain that there are plenty of ways to deal with it, and she should pick the one that is most appealing to her.  The way I see it, there are plenty of options:

The roommate can pay 100% of the rent herself and live there alone
The roommate can pay 0% of the rent and they both get an eviction and judgement on their record
The roommate can find her own new roommate and work out a deal that gets the rent paid
The roommate can accept the new sublessee that the OP selects and deal with the new housemate
The roommate can reject a new sublessee, and the OP can then tell the roommate to get bent, and figure it out on her own

Honestly, I'd probably just follow the other advice that was suggested and just suck it up for 6 months and move out at the end of the lease.  

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drodge said:   
jerosen said:   Let your roommate find her new rommate to replace you. She's not going to want to sign off on some random stranger you bring in without her approving it. If she picks the replacement then she'll get someone she wants and she'll be more likely to want to sign.

You can also offer your roommate a financial incentive. For example you could agree to pay her $100 a month towards the rent for the remainder of the lease.

You don't seem to have any leverage at all here.

Only other options I see are :
1. live with her for 6 months
2. move out an stop paying rent and end up evicted with a judgement on your record ( not a good idea)
3. move out and pay your share of the rent.

  I think she has 100% of the legal leverage.   In most contracts parties are both liable for the rent in whole and the landlord can go after both or either.   I'm not saying at all that she should stick the roommate and just bail.  She can, however, and the roommate will be liable for the rent.   It's in the roommate's best interest to find someone to split the cost.  If the OP wants to be a jerk, she could walk and screw the roommate completely.  I'd sit down the with the other party and lay out the options.  I can understand the roommate not wanting to accept any and all replacements, and it's reasonable for her to want a say.  If the contract allows subletting, however, she may have to suck it up.   I'd explain that there are plenty of ways to deal with it, and she should pick the one that is most appealing to her.  The way I see it, there are plenty of options:

The roommate can pay 100% of the rent herself and live there alone
The roommate can pay 0% of the rent and they both get an eviction and judgement on their record
The roommate can find her own new roommate and work out a deal that gets the rent paid
The roommate can accept the new sublessee that the OP selects and deal with the new housemate
The roommate can reject a new sublessee, and the OP can then tell the roommate to get bent, and figure it out on her own

Honestly, I'd probably just follow the other advice that was suggested and just suck it up for 6 months and move out at the end of the lease.  

  
Both parties are equally liable for the rent so OP doesn't have all the leverage.   Roommate has that same leverage.    Either can withold rent and effectively screw the other but ultimately screw themselves too.

I'm assuming that roommate can't afford 100% of the rent on her own.   Most people don't get roommates if they can afford a place of their own.  Its a reasonable bet that neither OP or roommate can pay 100% of the rent for any length of time.     

OP can stop paying rent or threaten to pay rent but then OP is ultimately risking eviction on their record in that case.  If roommate doesn't cough up all the money or budget then OP gets evicted.   It could turn into a game of chicken between the two.  Roommate is already being uncooperative to spite OP so not sure that game will work out well for OP.

I think the best solution is for roommate to find a suitable replacement for OP.    
OP could withold rent to try and force roomate to do that, but I wouldn't withold for long for risk of the eviction.  (assuming roomate doesn't come up with money).   

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Of course the best solution is compromise. People are using the concepts of subletting and replacing a lessor interchangeably and they aren't remotely the same. If the lease genuinely states she can sublet, then she has a lot of power over the roommate because she can sublet it to any crazy person she can find and the roommate likely can do little to stop her. it's in everyone's best interest to find a solution that works for everyone. Saying that the roommate is holding the cards is foolish. At worst they have pretty equal power. Since the OP is willing to walk and may have the legal right to bring someone else in, I'd say the OP has the upper hand.

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drodge said:   
jerosen said:   Let your roommate find her new rommate to replace you. She's not going to want to sign off on some random stranger you bring in without her approving it. If she picks the replacement then she'll get someone she wants and she'll be more likely to want to sign.

You can also offer your roommate a financial incentive. For example you could agree to pay her $100 a month towards the rent for the remainder of the lease.

You don't seem to have any leverage at all here.

Only other options I see are :
1. live with her for 6 months
2. move out an stop paying rent and end up evicted with a judgement on your record ( not a good idea)
3. move out and pay your share of the rent.

  I think she has 100% of the legal leverage.   In most contracts parties are both liable for the rent in whole and the landlord can go after both or either.   I'm not saying at all that she should stick the roommate and just bail.  She can, however, and the roommate will be liable for the rent.  

  How so? Of course the roommate would be liable, but no more or less than they are currently. There's nothing to leverage, unless you are advocating OP fake his/her own death or otherwise make him/herself disappear. But you're going to do that, there's a number of things you would be likely to get away with, that I wouldnt bother with worrying about a 6 month lease.

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Presumably you signed an agreement to live there for half the year, and the two of you are jointly and severally responsible for the rent. Also you are responsible for half the rent unless you have a different agreement with your room mate. If you do not pay, either you will both get evicted and your landlord will collect from who ever is more collectible, or your room mate will pay and can later sue you for your half, plus any legal costs and potentially damages for withholding the rent in bad faith. If you really want to move out you should come to a compromise with your room mate.

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drodge said:   Of course the best solution is compromise. People are using the concepts of subletting and replacing a lessor interchangeably and they aren't remotely the same. If the lease genuinely states she can sublet, then she has a lot of power over the roommate because she can sublet it to any crazy person she can find and the roommate likely can do little to stop her. it's in everyone's best interest to find a solution that works for everyone. Saying that the roommate is holding the cards is foolish. At worst they have pretty equal power. Since the OP is willing to walk and may have the legal right to bring someone else in, I'd say the OP has the upper hand.
  

She said she can sublet.   But then she also said she is required to get her roommate to sign an amended lease to do so.       
So it seems the roommate can stop her from subletting.   
Its also possible OP is misunderstanding subletting and in fact all she's allowed to do is find a replacement tenant who signs a new lease.

yes generally they have equal power.      I just don't think OP has any special leverage considering anything OP does to roommate the roommate could do back to OP and the worst case of some of those cards is both of them get evicted with a judgement on their record.


 

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OP could skip and not pay.. Worse case the roommate take them to court and they have to pay up... Crappy thing to do, but if the roommate won't assist with helping find a subletter than too bad. The roommate will have to keep rent current or face eviction, if roommate decides not to pay and gets evicted then the landlord may sue both and damage both credit histories.

If roommate insist on not interviewing any potential roommates just leave and do not sign any promissory notes that the roommate will use for sure to sue you..

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jerosen said:   
drodge said:   Of course the best solution is compromise. People are using the concepts of subletting and replacing a lessor interchangeably and they aren't remotely the same. If the lease genuinely states she can sublet, then she has a lot of power over the roommate because she can sublet it to any crazy person she can find and the roommate likely can do little to stop her. it's in everyone's best interest to find a solution that works for everyone. Saying that the roommate is holding the cards is foolish. At worst they have pretty equal power. Since the OP is willing to walk and may have the legal right to bring someone else in, I'd say the OP has the upper hand.
  

She said she can sublet.   But then she also said she is required to get her roommate to sign an amended lease to do so.       
So it seems the roommate can stop her from subletting.   
Its also possible OP is misunderstanding subletting and in fact all she's allowed to do is find a replacement tenant who signs a new lease.

yes generally they have equal power.      I just don't think OP has any special leverage considering anything OP does to roommate the roommate could do back to OP and the worst case of some of those cards is both of them get evicted with a judgement on their record.


 

  Exactly what I suspect is going on!  Unless she posts the actual language from the lease, everyone is guessing.   

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If you go the dark side, be sure to get setup in a new apartment first before you nuke your rental credit.

Also, your age matters. If you're young and have a decade of apartment living ahead of you- I'd value not having a poor rental record. If your apartment days are behind you, then feel free to blast away.

Skipping 20 Messages...
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forbin4040 said:   
RedWolfe01 said:   
vipercon said:   
 
He will also know exactly who to sue for the other 3 months and any damages.  The guy who was able to hand over a check for the full amount.

Edit: Probably not even sue, just threatening to, since he probably cares about his credit.

  
yeah, I wondered who was going to make a pithy comment like this.  Then there is the "which one of you is prettier" as to who gets the bill and particularly who doesn't....  

If you were REALLY paranoid then ask the LL to remove you from the lease with the payment.  (assuming LL can release someone without the other tenant being involved)

  Did you not just read the thread at all and just the comments?
OP is trying to get off the lease, and can't.

  OP is trying to get off the lease without paying the rest of the lease.  Separate from the suggestion there.

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