Roommate Rent Troubles

[kathann]

What is the name of your state? Wisconsin
My roommate and I are currently renting an apartment in Milwaukee. In April, we both decided to move into this residence. I am on the lease and she is only listed as a tenant under this lease. Therefore, I've been told that it is my responsibility to make sure rent is paid. In addition, management has failed to tell me that she was never put on the lease as a "main occupant." Upon finding this out, I asked the manager why he would allow this? His response was that it was their fault and apologized. He claimed that due to the change in apartment managers when we moved in, the paperwork was never properly filled out or filed. She has always given me cash for the rent up until August first. In August she paid her rent by check. Recently, I was notified that her rent check was not accepted. The check was stamped "return to maker." She has failed to pay September's rent as well. To avoid eviction and passed due fees, I've paid off everything. In May, she had paid, by check, a deposite that was also returned due to insufficient funds, in addition she has writin numerous emails to the management and corporate offices. I want the money that she owes for rent, back rent, and any future rent that we may have to pay until we find a subletter. Is she legally obligated to pay this? Do I have enough grounds to take this to small claims court? What are my rights? Any information on this issue would be extremely appreciated. Thanks for your time.
--Frustrated

 

[dcatz]

Just to warn you – you’ve made this harder on yourself than it might have been.

I asked the manager why he would allow this? His response was that it was their fault and apologized.

A missed opportunity to say “Well, let’s do it now.” So she’s still a “tenant” and you’re on the hook.

To avoid eviction and passed due fees, I've paid off everything.

So as far as management is concerned, everything is fine.

in addition she has writin numerous emails to the management and corporate offices.

What’s the significance of this?

Do I have enough grounds to take this to small claims court?

Sure, but if she says, “I’m just a friend and she let me sleep over”, you have an up-hill climb.

You don’t have any basis for demanding future rent. Until recently, she paid you cash, and you probably have no proof that she paid anything or that she was obligated to pay anything. If your post means that she paid August by a bounced check to you, you have some evidence of an obligation, but it could have been for anything. If the check was paid to the apartment and was for a proportionate share of the rent, that helps. Hold on to the check or get a copy.

I’d suggest that you ask the manager if he’ll be a witness, if you go to court, and plan on bringing him in via a subpoena, if he declines. Get copies of all of their paperwork to show you became tenants at the same time. Again, use a subpoena if necessary. Before any of that, I’d give her a week to pay what she owes and co-sign a new lease or to pack her bags. It’s your apartment and she’s a trespasser when you say so. The response determines if you go to court, where it could be your word (and maybe some circumstantial evidence) against hers. It’s not going to make for a happy co-tenancy, but you’re not happy now, and nothing says it won’t continue. If you want to be more patient and forgiving, you bear the risk.