RENT

[precious_del]

I moved into a townhome with a friend in Feb. She signed the lease with me and then left a few months later. Do I have the right to take her to small claims court for half the rent up to the lease end date? (jan 2001)She claims that since I was the only one that had a job at the time we got the place, that she is only listed as a resident and is not responsible for the rent. However when we were late with the rent the notice was addressed to both of us and we both signed the lease. Any ideas?

 

[CarrieJHagelberg]

She is responsible for half the rent is you both signed the lease for the full year. However, if you get another roommate, the new roommate will take over her responsibility. If you made an agreement for monthly expenses (like the same half and half agreement), she is responsible for those as well, until you get another roommate. Getting another roommate mitigates the damages. You can sue her in small claims court, but all states have small claims limits, generally $2000-$5000.

 

[precious_del]

So to clarify the situation a little more, I live in low income housing. She did sign the lease, but we got the place based on my income alone since she did not have a job. I currently do not have another roommate and she has gone back to her place of residence with her husband. So is she still liable? And how long can I wait till I should go to court? She's been gone since about mid april.

 

[peter]

I would say Leave it alone.let her go.

You are trying to commiting fraud.

Low income housing is just that for people with low incomes, its NOT designed for you to make a profit on.

So when a new roomate moves in and is put on the lease, their income must be included...so your apt rent can increase because it is figured as a certian percentage of your total income... anything that you do to try and make a profit is Illegal, and will subject you to eviction.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by precious_del:
So to clarify the situation a little more, I live in low income housing. She did sign the lease, but we got the place based on my income alone since she did not have a job. I currently do not have another roommate and she has gone back to her place of residence with her husband. So is she still liable? And how long can I wait till I should go to court? She's been gone since about mid april.<HR></BLOCKQUOTE>

If she signed the lease, she is still liable for the rent (past and up to the expiration of the fixed lease term or until you find a new roommate, whichever occurs first). You can take her to court now and had the right to within the first month she did not pay her share. If you are going to ask for continuing rent, you must find another roommate to take her place asap to mitigate further losses.

 

[peter]

And remember the NEW roomates income MUST be included in the calculation for the rent.And the rent will go up..

If you do notinclude the new roomates income then is fraud!

 

[precious_del]

okay. SO to clarify this more. I do not have a roommate and do not plan on getting another one. I am currently living here by myself with my son and paying the bills. I jsut wanted to know if she is liable for half the rent for the entire lease period (whether she was here or not) since she signed the lease.

 

[peter]

Let me clarify too, i would say no because she had no income, and if you really think this through YOU MUST report any rental income from the roomate just the same if you got a second job. Which would probably increase your rent since it is based on a percentage of your income.

so with that in mind..let it go...

Now if she had a JOB and they figgured her income with yours and made the rent higher, and then you went and asked for a reduction in rent because she no longer lives her and they said NO, then of course sue her for 1/2 the rent.

You applied for what a 3 br when you only need 2 one for you and one for your son.But you had another person live there and you were hoping to make the rent even cheaper,
That would be trying to defraud the system...

But if this roomate was your lesbian lover, then you would have much a better case.. no kidding..... come on I'm from New York City!