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FL - "Inactive" roommate won't remove personal belongings

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nattyf

Junior Member
Hi -
In August I signed a 12-month lease with a friend. For the past four months, she has been living with her boyfriend - she has only slept here one night and is hardly ever here. Starting last month, she wanted to move out, but was not able to find a replacement that we could both agree on (she proposed one person - a guy that her boyfriend was trying to kick out of his house). Four weeks went by, and then, at the end of January, she informed me that she intended to find another apartment starting February 1st. I proposed taking her off the lease, leaving me with full responsibility, just to get things over with.

We spoke with the leasing office and they informed us that they were not willing to simply remove her from the lease without replacing her with another co-signor. They did propose an agreement where she would become "inactive" - still financially liable in the case where I would default, but without access to the apartment. We signed this agreement on Monday, and roommate said that she would have her stuff out by Saturday.

It is Saturday, roommate has not removed her belongings, and is angry with me for starting to move them all into one room after repeated attempts to contact her failed. I know that I will be liable for damages if I simply throw them out onto the street, so I am trying to find the best solution. She will (hopefully) have a new apartment on Tuesday, but I am afraid that it could drag on. I proposed to her three new times when she can pick up her belongings. (previously I had proposed Thursday evening, Friday evening, and Saturday morning and evening). She says that none of those times - Monday evening, Tuesday evening, or Wednesday evening - will work because she has to start early in the morning. ( I have to be up at 6AM, work two jobs, and only get back in the week at 7:30 or 8 PM so I don't see why she can't make a little effort.)

She is angry that I wish to be present while she moves out of the apartment. I have had no answers from the leasing office today, as they were going to call their manager and get back to me. I just want her stuff out, as soon as possible, and do not understand why she simply could not arrange for storage.

Can the landlord (leasing office) simply open the apartment for her while she removes any belongings she deems "hers"?
 


Who's Liable?

Senior Member
You will need to send her a letter via CRR stating she has 30-days to remove her items or you will dispose of them as you see fit... In the letter give her a list of dates and times that you will be available to give her access to her belongings...

Send an exact copy to the LL and than wait...

If two weeks has passed by and you have NOT received an answer or call, you will need to send a follow up letter citing the first letter informing her that she has a limited time to retrieve her belongings...

If she has NOT tried to collect or call to set up an appointment, dispose of the items as you see fit, ie: e-bay/trash/burn

Even if you cannot agree on a date and time, you can still hold her accountable to the 30 days... Of course you ahve to be reasonable with the dates and times...
 

nattyf

Junior Member
Thanks Who's Liable - I think I will send her that letter if we can't work out a time by Tues or Weds.

In the meantime can I move her belongings to one area in the apartment?
 

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