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  #1  
Old 10-06-2005, 10:05 PM
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Join Date: Oct 2005
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Question

Ridiculous roommate issue


I'm in Oregon.

I moved into an apartment with two people who already had a lease at an apartment complex. We all three signed me on to the lease in June. So now, for whatever reason, the living situation didn't work out, and they asked me to move out. So I did, which brings us to today. I am still on the lease/rental agreement with the apartment complex. When I asked them to sign the paperwork to remove me from the lease, they asked for money for "damages."

I of course told them to blow it out of their collective ear, but have not heard back from them. I am having a very hard time now figuring out my current situation. I know they can afford the rent, they did just fine on it before I moved in, so there isn't an issue with them wanting me to continue to pay rent. But I would like to get off this lease in case they do screw up and get evicted or something, as I am still on the rental agreement.

Can someone help me understand this situation a little clearer? Do I have any options for getting off their lease? Thanks in advance.
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  #2  
Old 10-07-2005, 01:43 AM
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Join Date: Oct 2004
Location: Phoenix, AZ.
Posts: 2,456
Your former roommates are under NO obligation to release you from your lease... Their request for damages is understood, since you moved out and are no longer contributing to the rental amount even though you agreed to pay for rent...

IF they really wanted to, they could take you to small calims and recover your portion of the rent that you did not pay because you moved out...
__________________
Who's Liable? Chance are it's you!

A Money Order, or Bank Cashiers Check stub is NOT proof you paid rent. It's proof you purchased a Money Order or Bank Cashiers Check.

I am not a lawyer blah blah blah, This is an entertainment forum blah blah blah, basically I cannot be held liable!
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  #3  
Old 10-07-2005, 02:09 AM
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Thanks for the reply. That's where it gets fuzzy for me. I understand that they are under no obligation to release me from the lease (even though THEY asked ME to move out...). As for taking me to court for rent I supposedly owe? Uh why would they be able to do that? The verbal agreement that we had when I moved in was that I would pay a third, and the verbal agreement when I moved out was that I would not pay rent any more. (yes I know verbal agreements are bad)

If they could claim I owed rent, they could say I agreed to pay 90% of the rent or whatever they want. Can you see where I'm confused? It's like I signed my name now I'm f*cked no matter what I do.

(Argh. To make matters worse, the entire back story as to why I'm now in this stupid stupid position is just mind-blowingly retarded. I moved in with someone I had been friends with for 8 years and he turned into a whiney piece of crap within minutes of meeting his now girlfriend.) Also, the request for damages is not understandable. I was there for 90 days. I didn't have TIME to damage anything, let alone the inclination... When I moved out it was under the assumption that I might still have a friend in that apartment. [rant off]
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  #4  
Old 10-07-2005, 08:34 AM
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Join Date: Feb 2005
Posts: 791
Quote:
Originally Posted by Absolut_Brian
...and the verbal agreement when I moved out was that I would not pay rent any more. (yes I know verbal agreements are bad)
Quote:
If they could claim I owed rent, they could say I agreed to pay 90% of the rent or whatever they want.
so when this gets to court, the judge will see there is a dispute and say "there are three of you, so each of you pays one-third."

what you should do now is to try and get them to sign a letter stating that you do not have to pay rent as of xx/xx/xxxx.
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  #5  
Old 10-09-2005, 10:44 PM
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Join Date: Oct 2005
Posts: 13
Talking

If roommate kicked you out then you're no longer reliable...


Hi,

I'm aware and also seen many cases even on Judge Judy, If you are on a lease and the roommate ask to you move then you are NO longer obligated to pay rent to them. If I were you to contact the leasing and request that they remove you from the lease since you roommate kick you out of the home and hopefuly the leasing will remove you from that contract. Since you former had broken their contract with you known as breach of contract and force you out. They will not win in court because they basically kicked you out for no reason and they will lose in court if they try to take you there for damages. The damages that your former roommates are trying to seek are invalid due to they broke the contract and can't make you pay since they forced you, made you move, or even asked you to move. I'm sure at -torney will agree with me and you can contact you states Legal Aid who helps low income people, it's a free service to all people. But Don't them pay NOTHING and keep all letters documents, recorded conversations in all of these mattersIN CASE THEY TRY TO SUE YOU FOR RENT. dAMAGES have to be proven and normal wear and tear is not liable for damages to any apt or house, it must be severe and has to be proven intention as well like you put the house on fire in a fit of rage towards the landlord, etc

You're not obligated in a court to pay anything if you roommates broke their contract with you and notify the leasing office about them kicking you out. You could've stayed if you wanted and they couldn't do anything. They can't both ways for making you pay rent and kicking you out. It doesn't work that way in a court of law. So you're not to pay them nothing and contact an attorney if you need to get legal advice.
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