What would you do?

[geanky 0]

If your roommate owed you 2 months rent because of emergency circumstances that had happened and you covered for him. And he hasn't faced the situation (even though you have told him) because he doesn't have money at the moment but still finds cash to go out and party at night with his buddies.

Give him one more chance (and acquire more debt).

Throw him the fuck out.

[seedy 0]

Very calmly tell him a deadline for paying and then stick to your guns.

I intend to live forever -- so far, so good.

[scottbre 0]

That's a tricky situation. I've been in a similar situation before. One thing you do do is, as soon as you are finished with the lease contract that he is a part of, promise yourself that you will not put yourself into another situation where you will be dependent on him for any amount of money.

"Your mother's full of stupidjuice!"
My Art Project

[nacmacfeegle 0]

Umm, I might ask 10,000 strangers what to do..

Tell him to buy you beer for change...
probably throw him the fuck out, unless he was a she

--------------------

He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. Thomas Jefferson

[nws01 0]

I am right there with you NacMac. Does he have a girlfriend that will spend a little time with you to earn rent?

He could fuck the hell out of her. Or the roomates sister if their hotties.;-)

[geanky 0]

NO sis and no girlfriend

learn to fly in 3d

[SkydiveMonkey 0]

How about "buy me a voodoo 2.0 and we'll call it quits?"

____________________
Say no to subliminal messages

[kinney29 0]

Next time he goes out partying, pack his stuff up and put it all outside. He'll get the point quick.

[geanky 0]

Either that or just lock him out.

learn to fly in 3d

[jfields 0]

Tell him that he has to pay you back immediately. Be nice but serious. Give him like a week to get you some substantial (1/3?) of what he owes you. Give him a repayment schedule and let him know that you mean business.

Then if he doesn't pay on time, lock his ass out and start hauling his shit to the pawn shop.

[AggieDave 6]

Quote

still finds cash to go out and party at night with his buddies.

Tell him that you disapprove and since you covered him, he is indebted to you. Verbal contracts are legally binding (in this state at least), mention that it didn't bother you since you understand the situation, UNTIL he started blowing his money getting drunk all the time.

Offer to setup a payback plan for him, where he gives you $X a week, if he misses 2 weeks because he was partying, he's gone.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[PhillyKev 0]

Quote

Throw him the fuck out.

Legally you can't do that. If that is his residence, no matter how much money he owes you, you can't just throw him out or lock him out. You have to go through eviction proceedings.

[geanky 0]

Sound like a plan. The hard part is being serious about it yet not coming out like an asshole.

learn to fly in 3d

[geanky 0]

Legally the lease is in my name, we have a verbal agreement on splitting the rent. Since he broke that agreement I don't have to keep up my part which is giving him housing.

learn to fly in 3d

[nacmacfeegle 0]

He owes you money, and he's not paying, worse still, he's blowing the rent on parties while you get overdrawn.....
Who's the asshole?

Its easy to sit here, and spout stuff like that, its IS an awkward slot to find yourself in tho....
Good Luck

--------------------

He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. Thomas Jefferson

[geanky 0]

You got it, but when it comes to money and the amount that it is I can live with being an asshole at least for him.

I think if he really is a good friend then he would understand if not fuck him.

learn to fly in 3d

[happythoughts 0]

All relationships have rules. Parent/child, b/f g/f, neighbors, boss/worker. Roommates have rules. You need to sit down and discuss them. Make sure they understand what you think is fair. If they will not make a committment and then follow it through, dump them. This isn't a good scene. Fix the problem or move on. Eventually, if the problem is not fixed, it will become intolerable and you will get out then. Why wait?

[dp1l 0]

When is his next rent due?
Has he paid any rent since the two months when he had the emergency?

[geanky 0]

No....those were the last two months. Next rent pay day is around the 25th of the month.

learn to fly in 3d

[PhillyKev 0]

Quote

Legally the lease is in my name, we have a verbal agreement on splitting the rent. Since he broke that agreement I don't have to keep up my part which is giving him housing.

Doesn't matter. Just like if you stopped paying rent to your landlord, he can't just change the locks. Has to go through eviction proceedings. Same thing applies to you.

If your roommate pays rent directly to the landlord, whether on the lease or not, only the landlord can evict him. If he's paying rent to you, then you are his landlord and can only evict him after showing "good cause". And you would have to go through eviction proceedings. If your landlord doesn't know you are subletting and finds out, he can kick you both out. You can really get screwed if you're not careful. Trust me on this, I know what I'm talking about.

Lesson: Never share a home with anyone who is not on the lease.

[SatchFan 0]

You can always just kick his ass. It won't get your money back but it will make you feel better until you do.

[geanky 0]

I am his landlord and have already given him oral notification of what he is due. I also have proof that he has not paid the last two months so if he wants to go through the eviction process he will loose anyway. I am giving him a simple way out.

About sub-leasing, I wouldn't think it applies in this case because I am not leasing the apt. to him but just "sharing it" and he is helping with the responsibilities. I am still the one responsible for the apt. in the eyes of the landlord.

learn to fly in 3d

[PhillyKev 0]

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About sub-leasing, I wouldn't think it applies in this case because I am not leasing the apt. to him but just "sharing it" and he is helping with the responsibilities.

You may think that but by the legal definition if you allow someone to share an apartment with you and transfer some of the responsibility of maintaining that apartment to them (e.g. charge them rent) then you are subletting or subleasing. You in effect become their landlord and are held to the same legal restrictions as your landlord. Check your lease. It probably has a clause stating that you may not sublet the apartment. If that is the case than you are violating that clause by allowing someone else to live there. It most likely states that noone may live there that is not specifically named on the lease.

Also, check your state law. In many states a verbal agreement like you have with your roomate is not a valid or legal agreement for real estate transaction (including renting an apartment). Some allow verbal agreements for a maximum term of 1 year. That would make it even harder for you to collect your money if he does move out he could just stiff you for the rent and you may not have any legal recourse.

I know it doesn't help you now, but for anyone else reading this:
1) Don't have a roomate that's not on the lease
2) If you do anyway, make sure you are allowed according to your lease.
3) Make sure they sign a lease with you.

[geanky 0]

I don't think that I am going to have to go to the extremes but we'll see what happens.

learn to fly in 3d

[dreamsville 0]

Sadly, I believe PhilyKev is right. My take of this is that going through eviction proceedings, forgetting for a moment about whether your verbal sublease contract is enforceable where you are, will raise the profile of your situation and put it on the landlord's radar at some point. This may be bad if he doesn't know about your tenant.

Better to tactfully raise the issue of eviction (without actually starting proceedings) if all else fails with a timetable certain for paying what he owes you. If that fails, you may have a problem.

Harry

I don't drink during the day, so I don't know what it is about this airline. I keep falling out the door of the plane.

Harry, FB #4143