Any bored lawyers out there?

[VTmotoMike08 0]

Any bored lawyers out there want to give this problem a shot? If you ever need drawings for your house sealed by an engineer, I will do my job for free for you also

So about 8 months ago, I signed a $2200/ month lease with 3 other people- a couple, he is military and she’s a nurse and another single guy. My part was agreed to be $550/ month. The deal is that we need to come up with the whole $2200/ month but the landlord doesn’t really care how we break it up and we just came to an agreement among ourselves. At the time, he was planning on deploying in 14 months, so signing the 12 month lease was fine. Well, the military being what it is, he got deployed early, so he submitted the necessary paperwork to get himself out of the lease as there is apparently a law that allows this for service members.

Common sense would say that his girlfriend (now fiancé) should pick up his share of the lease ($400/ month) since they are together and they have by far the biggest bedroom. Well, she doesn’t like this and decides to only pay her regular payment last month. So our landlord calls and says “where’s the rest of the money?” I’m pretty pissed because she lied and told me she talked to the landlord and get permission to pay less, which she clearly did not. Her plan is not to

A) Appeal to the good graces of the landlord for a reduction in rent. She’s got a serious case of princess syndrome and thinks this will work.

B) Walk out on the lease and move in with parents until he returns. Clearly, this is good for her wallet, despite forfeiting the security deposit. I don’t think she cares about any effect on her credit score.

She also thinks that if she chooses (B) then the landlord will forget about it and not drag us to court and garnish our wages, which I believe is a possibility.

So, what should I do to protect myself? Should I get a lawyer and refuse to talk to anyone? My thoughts are that we will get evicted, and get sued, but that we will be offered to go to arbitration first. Hopefully, at arbitration she will come around and realize that she needs to cough up the money. I’m not sure if them getting engaged would have any impact on anything, but I doubt it. I am afraid that I am screwed because the official agreement doesn't differentiate who pays how much. Any ideas?

[JohnRich 4]

How about each of the remaining three tenants split the loss from the departed resident, so that each of you puts forth another $133 per month to make up the difference. Forget the lawyers.

If the princess won't go for that, kick her out and get another tenant.

[VTmotoMike08 0]

Well, I could, it wouldn't break the bank, and it would be easier than involving lawyers and possibly getting evicted but I'm opposed to covering someone else's ass. And I have a feeling all the others would walk and take their chances on getting sued before paying more rent. I would kinda feel taken advantage of. And when we divided the total rent, we based it on who was getting the biggest rooms. I opted for the smallest room and smallest rent. Now she's got the master bedroom thats 2X the size of my room and a private bath so I feel she should pony up the cash. I am betting that an arbitrator (or judge) would see things my way but I am hoping it doesn't come to that.

And I don't have the authority to kick out another tenant. Would also be hard to find one for just the 4 months that remain.

[CSpenceFLY 1]

Kick her ass out and find some new roomies. If they were your friends find some new friends too. They are asshats.

[VTmotoMike08 0]

I wish I could, but I don't have that authority to do so. Even if I could find someone to take over her/ his part of the lease, it would need land lords approval. Agreed that they are asshats and I won't be maintaing any kind of friendship with them. That's what I get for living with whuffos

[CSpenceFLY 1]

Looks like it wouldn't be hard for the others to understand that if the rent isn't paid you can't stay there. It's fucking hard to believe how some people think these days.

[VTmotoMike08 0]

We are definatly on the same page. I doubt you remember me, but I was with the Chambersburg crew that came to the last Dublin boogie that was actually in Dublin, GA.

Anyone know the answer to the following:
-In general, if we get evicted, can the landlord sue me and garnish my wages to collect on the balance of the lease plus legal fees even if I am no longer living there? That would be the worst case.

-What are the chances of it going to arbitration? If she still refuses to pay up, and it goes before a judge, what are the chances of him/ her seeing things my way?

-And if they just go to a collection agency instead of sueing me, then what are my options?

Damn cheap ass whuffos, this is gonna end up costing me money because they won't keep up their end of the contract

[Bolas 5]

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And when we divided the total rent, we based it on who was getting the biggest rooms. I opted for the smallest room and smallest rent. Now she's got the master bedroom thats 2X the size of my room and a private bath so I feel she should pony up the cash. I am betting that an arbitrator (or judge) would see things my way but I am hoping it doesn't come to that.

Is any of this rent division in the lease or somewhere else in writing?

Stupidity if left untreated is self-correcting
If ya can't be good, look good, if that fails, make 'em laugh.

[VTmotoMike08 0]

Quote

Quote

And when we divided the total rent, we based it on who was getting the biggest rooms. I opted for the smallest room and smallest rent. Now she's got the master bedroom thats 2X the size of my room and a private bath so I feel she should pony up the cash. I am betting that an arbitrator (or judge) would see things my way but I am hoping it doesn't come to that.

Is any of this rent division in the lease or somewhere else in writing?

It is in an addendum to the lease, followed by "All tenants are collectively responsible for $2200/ month". So if one of us drops out, then they are within their rights to collect the total amount from those who remain any way they can.

Hypothetically, if I skipped town then they could go after my roomates to collect my share too. It seems my best bet is to continue paying my share, quit talking to my roomates and refer them to my lawyer, who will try to intimidate her into paying the part that is missing because her boyfriend got deployed. Not the solution that I prefer, but I gotta look out for myself. If I could find a lawyer who would make a couple intimidating phone calls for cheaper than it would be for me to cover the missing rent then I might give it a try.

[Hausse 0]

It depends on how the lease is structured. Read through your contract and it should give you much more insight in what your rights are then posting on DZ.com

[Bolas 5]

Since he's military you can threaten princess to go to his base commander as they don't look well upon soldeirs welching debts and spouses/spouses to be is included.

I don't suggest actually doing it since it's a shitty thing to do to a deployed soldier.

Stupidity if left untreated is self-correcting
If ya can't be good, look good, if that fails, make 'em laugh.

[TrophyHusband 0]

since she isn't married to the guy who deployed, i just don't see how she's any more obligated to pony up his share than the rest of you. whatever his share of the rent was, it should be split pretty close to evenly between the remaining tennants. it sounds like you are all resposible for coming up with the rent. if she refuses to pay her share, you still need to protect yourself and cover the difference for the next four months until the lease is up. at that point you can change your living arraingments, which will be much easier without and eviction attatched to your name. you can then add up what you feel she owes and go to small claims court to see if a judge agrees with you. you're really not talking about enough money here to involve a lawyer.

"Your scrotum is quite nice" - Skymama
www.kjandmegan.com

[FreeflyChile 0]

In the past what I've done with friends (when we had to get out of the lease early) is to talk to the landlord and say "if I can find people to sign a new lease, will you let me out of my current one"? Most of the time, they'll let you do that because they know it's easier to just have someone occupy it for a new lease than to deal with you.

Just my suggestion. I agree with the others that are saying that getting lawyers involve will likely be more expensive than to just take care of it on your own.

[VTmotoMike08 0]

Probably the best solution, although I still don't like it. I think she should have to pay more because they (now she) got the master bedroom and when we split the rent, we did it my room size. I could pay up then go after her in small claims court, but she is moving across the country at the end of the lease (if not sooner). I don't know if small claims court would have the authority to make her come back for a hearing when all of $1600 is on the line.

[FlyingJ 0]

Rather than splitting his share, can you start from scratch and split the total rent by three based on sizes of the rooms?

Nobody can help the situation that you all ended up dealing with. It's not his or her fault that he was deployed early, and unless she is going to find another person to share a bedroom with it seems like the best bet might be just to split the total between the three of you.

It's unfortunate, but a heck of a lot less to deal with than the guy hanging out in the sandbox right now.

Killing threads since 2004.

[VTmotoMike08 0]

Well, I don't know if deployed is the right word, he got transferred to southern California right before our big snow storm, such a rough life

And my share would actually go down if we re-split it three ways, her room really is that much bigger than mine. So she would pay more if we re-split it and went just by room size. The couple kinda got the best end of the stick in the initial spilt, I was OK with that because they found the house and were offering me a slot that a couple others wanted. So thats a no go.

[theonlyski 8]

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Basic Allowance for Housing (BAH). Service Members drawing BAH at their permanent duty station (PDS) will continue to draw BAH during the deployment.

SO, yeah, if he was getting BAH before he deployed, he still is... it keeps coming so you can pay things like this while you're deployed.

"I may be a dirty pirate hooker...but I'm not about to go stand on the corner." iluvtofly
DPH -7, TDS 578, Muff 5153, SCR 14890
I'm an asshole, and I approve this message

[theonlyski 8]

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Well, I don't know if deployed is the right word, he got transferred to southern California right before our big snow storm, such a rough life

If he changed his permanent duty station (PCS) then ya cant really get him for it, hes probably renting another place now.

If you bailed on it, they can go after you for the 4 months you have remaining on the lease. Wont look good on your credit report at all either!

"I may be a dirty pirate hooker...but I'm not about to go stand on the corner." iluvtofly
DPH -7, TDS 578, Muff 5153, SCR 14890
I'm an asshole, and I approve this message

[VTmotoMike08 0]

Well, it looks like I could go after her for up to $5,000 in small claims court in my state, but it will be virtually impossible if I can't get her next address. So I think I will tell her what I am doing, then try to get the other guy to share the costs with me and we will both go after her. I just gotta come up with a creative way to get her next home or work address. We will see...

[Jcoff89 0]

heres an idea. have a fundraiser flag jump in ohio. maybe from a helocopter?

http://www.turboskydiving.com

[EXTREME4way 0]

and wear a yuge cosHtume!!!!!

[warpedskydiver 0]

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Since he's military you can threaten princess to go to his base commander as they don't look well upon soldeirs welching debts and spouses/spouses to be is included.

I don't suggest actually doing it since it's a shitty thing to do to a deployed soldier.

This is sound advice, the guy might be a shit bird or he might be one fine soldier.

If so does he even know what is going on?

Allow him to make good on the deal and cover his obligation to keeping her housed.

[rwieder 0]

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I don't suggest actually doing it since it's a shitty thing to do to a deployed soldier.

A deployed soldier that get's a living allowance each month to pay for rent/housing.

-Richard-
"You're Holding The Rope And I'm Taking The Fall"

[popsjumper 2]

TrophyHusband got it right.
$2200/4 = $550
$2200/3 = $733.33

How you adjust for bedroom size is up to you guys...kick her in the nuts if she's not willing to do the right thing.

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[Squeak 17]

who's name is the lease in?
if it's in a single name the onus is legally on that person.
If it's in all names then all persons are liable.

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?