How Could My Old Roommate Sue me?

[Rossie83]

What is the name of your state?KY

I moved in with a person I was seeing too quickly and a couple months later the COVID crisis really hit so because we weren't doing well and I have a child, I left to be with my child because I had no idea what would happen with COVID. I was afraid we may be quarantined and not see each other, just a lot went through my mind.

I notified my Landlord I wanted to move out. He said he was fine with it and was not going to charge me the fee to break the lease which was one year's worth of rent as long as my ex wanted to stay, that my ex and I could work out our own agreement. But he knows I was leaving. I have left a bed and some tables there and up until this month (6 months later) I was paying the electric, gas, water and internet. That was the agreement, if I paid those bills, my ex would pay the rent. He sent me a copy of the bills each month and I sent them a paper check so I had a paper trail. I have many texts back and forth talking about the arrangement and e mails as well.

He is a reasonable person, and he is very OCD so I don't worry he is going to damage anything to try to retaliate and I still do have a key but I do not go there. But he is neurotic and says he cannot afford rent and utilities. However, I am jobless. He makes around 70 thousand a year and rent is 1300.00. Plus he gets bonuses. I think he went to Florida twice this summer. I am not upset about that, but I want to pay him for the next 6 months. I just have no money. I have sold everything I don't want in my house to pay for my other bills. And I am in a chapter 13 bankruptcy with one year left. I don't know what he could do, legally, to me. He once got up tight over the money and said he would sue me and I gave him a check for 500.00 because I just wanted to cover 2.5 months and calm him down.

I have a lot of mental issues and have to see a doctor which costs hundreds. I have to see them because I am on Xanax and if I stop abruptly after a decade, I will have seizures or just...a really bad time. I am sure a family doctor would not let me have seizures but my psychiatrist has me on Xanax for a reason, and I know what can happen if I can't afford to see them and have to stop after over 10 years of being on Xanax daily. Plus my panic disorder will come back full force. My depression is worse and I am not even sure I can stay out of a hospital during this time, as in, I may become an inpatient in the psych ward for a bit as the COVID and financial stress has weighed on me a lot. I tried to get disability but was denied because I have a degree. I am currently job hunting, and I am seriously looking at McDonalds this weekend I have an interview just TO pay him and my doctor until something else happens. My Mom is really old and I am afraid of going out and getting COVID and possibly going around her so I have tried to do other jobs from home but I don't get hired, they just advertise but never get around to interviews. How can this play out? I really want to avoid court. I agreed to do something so legally I am required to hold up my end. And I am fine with it, but, it does make me feel like I am being taken advantage of since he makes a lot for where we live, and if he sued me, considering I am almost homeless, and he is not, I don't know how that would work out I don't even know if he is lying and can pay the bills.

If I'd had the cash to break the lease clean, I would have. I even texted them and said to sell my tables and bed which are nice, to make up for money I can't pay. I don't care at all, I just want to pay them and go on.

I know this was long but I don't know what to do, I have told them I have no money to pay and if they sued me they'd have to wait until I had income in order to garnish it. I just don't know for how much I'd be liable or how to calculate it. Plus, a hospital is suing me and it's post bankruptcy. So, I have to deal with that.

Also, while moving they broke a stove so I bought a new one the LL picked out. It had to be replaced. So that was 500.00 and I told my ex to keep all of the deposit too, I did not want any of it. I was hoping it would offset what I owe them. This is a verbal agreement between us. The only legal agreement is that I am on the lease with them.

 

[Taxing Matters]

This is a verbal agreement between us. The only legal agreement is that I am on the lease with them.

You made a deal with your ex. That's a contract and if you break the contract he may sue you for breach of contract. But it sounds like the deal is that he'd continue to pay the rent to the end of the lease and you'd pay the utilities through the end of the lease. So long as you keep up your part of the deal he has no good grounds to sue you. If he breaks the lease with the landlord early that might lead to you both being pursued by the landlord for whatever rent remains, but it'd not give him any reason to sue you.

 

[Rossie83]

You made a deal with your ex. That's a contract and if you break the contract he may sue you for breach of contract. But it sounds like the deal is that he'd continue to pay the rent to the end of the lease and you'd pay the utilities through the end of the lease. So long as you keep up your part of the deal he has no good grounds to sue you. If he breaks the lease with the landlord early that might lead to you both being pursued by the landlord for whatever rent remains, but it'd not give him any reason to sue you.

It was an oral contract. And yes, that was exactly the agreement. And I have, until I lost all of my income. So, I can't pay, believe me, if I could, I'd give him the whole amount now because I want nothing more than for February to come so this is all over and to just give him the money so he goes away. Which is why I am so stressed. Being sued doesn't bother me. I just want to satisfy this and move on.

I have no money right now but he said he is moving out which would mean breaking the lease. I'd rather that happen. So the landlord said it is 2 months rent to break the lease. He legally cannot charge more than that as it's written into his policy. The security deposit was one month's rent. I'm assuming the landlord would use the security deposit to cover part of that 2 months rent owed which would leave me and my ex owing 1300 total. Because there are no damages to anything.

I know he could sue me for our "agreement", I meant, how could he collect? I have no job or money or bank account with more than 200.00 in it and I'm a stones throw from being inpatient in a hospital. So, I did not know how he would calculate what electric or water would be for the next 6 months when we live in a state with changing weather. And, how he could even collect when I have no money or assets to attach to. I hope he really is moving and breaking the lease. I can sell a few things to get half of 1300 if I dig super hard. And, on top of that, the court fees he'd incur I'd have to pay back but, he and I both do not know when, as, my financial future looks pretty bad for a while. So he will be out money on the front end in court costs and waiting for relief for a while.

 

[FarmerJ]

Rosie your actual landlord cant charge you for a whole year of rent as penalty for breaking the lease , NOW so you know there are some states where landlords are not forced to mitigate the financial damages from a tenant moving out -breaking a lease early BUT when a landlord say chooses to let four, five , six or more months pass by with a unit that is empty and then later sues a former tenant for the amount owed there is real good odds they are going to have a judge still demand to know why they refused to replace the tenant with one that would pay. For most landlords at the very worst it can take 6 to maybe even 10 weeks( like near winter holidays ) to find a qualified replacement tenant As far as your former roommate goes if you were on the lease with him then yes the LL can still sue BOTH of you for unpaid rent and in turn your former roommate will not look very good suing you for unpaid utility bills when he also breached a lease with you. SO if you cant pay then just wait and see what happens BUT id be more concerned about what action the former LL takes like suing both of you for unpaid rent SO keep a eye on the old place if your former roommate moves out and watch for signs of a new tenant such as light from a TV thru the windows if you drive by the place once in a while at night.

 

[quincy]

Rossie83, under whose name are the electric, gas, water and internet accounts?

If you have moved out of the rental unit, you should return your key to the landlord. You still have access to the unit and, even though you have vacated the unit, you can be charged as a tenant since you were on the lease. If your roommate breaks the lease as you did, both you and your roommate can be held responsible for any unpaid rent and any damage to the unit.

I understand you are having financial difficulties right now but, if the landlord sues you and your roommate and the court finds in the landlord’s favor, the landlord will be awarded a judgment that lasts a long long time. What he cannot collect now, he could collect later.

I think you might want to encourage your roommate to honor the terms of the lease for his sake as well as yours. And then try to work with your roommate to cancel the Internet and make payment arrangements on utilities with either your roommate or with the utility companies.

Good luck.

 

[quincy]

He's not moving. It was a joke, apparently, to get my attention. Not because of business matters. He knew I'd respond to a text and then he said he missed me and wanted to see me. Ugh. I wanted to know if he was moving so I could get my half of the penalty together and skip off into the sunset 6 months earlier than I plan to. I could likely flirt sweet talk him into paying the rest of the six months but I want to throw up a little when I think about it. The man thinks I hung the moon. I'd rather be sued. Utilities...all in his name except the internet which is 17 a month. I got a year long promo deal. I did NOT put any utilities in my name because I had suspicions I would not be able to stand this person for long.

I am not ever turning a key back in if my name is still ON the lease. Legally, I still have access to the home and I have a bed and furniture in it. I have not legally moved out. I have not given my LL any written notice, and he assumes me as a tenant who is just away. We just spoke on the phone about his terms. I did not legally change my license because I moved back to where I previously lived before you have to change your address, so to the powers that be in that area, I never did move which means squat on the lease but at least I did not pay for that. The LL does not want the key back. I asked. He said turn it in at the end of the lease when it is terminated. I did call him and explain the situation that I was leaving and the LL said "I do not mind at all, the fee to terminate is 2 months rent OR you can stay on the lease and work out a plan with your boyfriend and he can stay there. I know you both are trust worthy and all I care about is that I get paid each month.". My ex is a neat freak, he's very clean, I would worry about damages but there will be no damages. One reason I left was that he was so OCD about things he would freak out in a panic attack for an hour if the shoes were not lined straight in the shoe closet after work. I just threw mine in. He could not take it.

The condition of the lease was that the LL write in he agreed to pressure wash the home and do the lawn or he would not sign it. LL agreed.

Plus, I am keeping the key because IF there were to be any damage, and I highly doubt it, the guy is not a bad person or a slob by any means, he is just too neurotic, I would go in and fix it. I can do drywall. I remodeled my own home. And I have drywall in my attic and tape. The LL would not care if I fixed it, he's a slum lord. IF any person was the damaging one, it's the LL. The dishwasher is rusty inside and he refused to replace it, and the kitchen had grease for 20 years stuck on the cabinets. I also purchased a new range hood as I could not STAND that. LL went with me to Lowes to be sure I knew what I was doing. He was satisfied. Not to mention when I cleaned the jacuzzi jets by removing them he freaked out the whole time I might break them and we have to pay for THAT.

Anyway, I got a job that I hate but I will do it for the 6 months left on the lease and then I am quitting. But I am no stranger to being sued. I've just been sued by companies, not people. I am in a chapter 13 bankruptcy for a reason. Those companies had paperwork and agreements, we just have an understanding I'll pay the utilities. HOWEVER I do want to be debt free after the bankruptcy which is almost over. And a 13 completion is rare. I have land waiting to be transferred to me from a surviving relative after the BK is over and my mom is 78 so her ticker might quit before the BK is over or I get sued and get the property attached over a stupid thousand dollars ish. She's like RBG..can she make it until the end of my 13?? I hope. I am an only child and I get it all.

I guess it is good news that your roommate was “just joking” about moving out early.

Just remember that both you and he can be held responsible for unpaid rent and rental damages so it is in your financial interest and the financial interest of your roommate that you both meet all terms of your lease agreement. And, if you can’t cancel internet, you should continue to pay as agreed.

If the utilities are in your roommate’s name only, the utility could sue him for nonpayment and he, in turn, could sue you for not honoring the oral agreement you had with him to pay all utility costs.

Thanks for the update. Good luck.

 

[Rossie83]

I guess it is good news that your roommate was “just joking” about moving out early.

Just remember that both you and he can be held responsible for unpaid rent and rental damages so it is in your financial interest and the financial interest of your roommate that you both meet all terms of your lease agreement. And, if you can’t cancel internet, you should continue to pay as agreed.

If the utilities are in your roommate’s name only, the utility could sue him for nonpayment and he, in turn, could sue you for not honoring the oral agreement you had with him to pay all utility costs.

Thanks for the update. Good luck.

I got a job I hate but I'll do it for the 6 months left.
Bills are in his name, I do stupid things sometimes, but I also am not THAT stupid. I knew not to put them in MY name. The internet is 17 a month, I used a year promo with a company. So, no biggie and that is the ONLY bill in my name.

He said he was not moving. He told me that to get me to talk to him as I only talk about financial matters. I think he still has a thing for me and it was a desperate attempt to get attention.

No, the LL cannot sue us for a half a year, it clearly states all he can sue for are 2 months rent or damages which will be covered by a security deposit. The man has two cats (LL Knows and there is no carpet in the home) and he dresses them in sweaters and he wears argyle and prefers to wash dishes than use a dish washer as to save money and it gets them cleaner. I trust he's not punching holes in walls. I mean, I made lines on the wall with a No. 2 Pencil to hang the TV and he freaked out the LL would charge "us". I said....magic eraser? Oh yeah...he has idk 20 of those. So..that's all fine.

As for keys, the LL doesn't want the key until the lease ends and I am still on the lease and I still have things there. I don't go over there and I'd never go now I just mail stuff, and have never went without calling first. I feel weird going in without asking as I don't LIVE there. But I'll be darned if I have NO access to a place I am legally liable for damages and has my stuff in it.

I have been sued by companies. I'm in a 13. Almost over. They settle easily and have no emotional investment. When a person is mad or idk there are "Feelings" involved, it can change things. Although, if I were a narcissist, which I am not, I could likely dupe him for 6 months thinking I was his GF and not pay a dime. The man things I hung the moon. But I'd never get rid of him in February. I'd have to change my number. People at our old employer says he is always talking about missing me to the point they tell him to shut up it's old. So....he's kind of soft. He has bad anxiety and freaked out when I did not pay for a week, and since I dropped off that 500 dollar check after he freaked out, he's been calm. But I keep it in my head...would he sue me? IDK..maybe. You can sue for anything just trying to get your ducks in a row is a bit harder.

 

[quincy]

I got a job I hate but I'll do it for the 6 months left.
Bills are in his name, I do stupid things sometimes, but I also am not THAT stupid. I knew not to put them in MY name. The internet is 17 a month, I used a year promo with a company. So, no biggie and that is the ONLY bill in my name.

He said he was not moving. He told me that to get me to talk to him as I only talk about financial matters. I think he still has a thing for me and it was a desperate attempt to get attention.

No, the LL cannot sue us for a half a year, it clearly states all he can sue for are 2 months rent or damages which will be covered by a security deposit. The man has two cats (LL Knows and there is no carpet in the home) and he dresses them in sweaters and he wears argyle and prefers to wash dishes than use a dish washer as to save money and it gets them cleaner. I trust he's not punching holes in walls. I mean, I made lines on the wall with a No. 2 Pencil to hang the TV and he freaked out the LL would charge "us". I said....magic eraser? Oh yeah...he has idk 20 of those. So..that's all fine.

As for keys, the LL doesn't want the key until the lease ends and I am still on the lease and I still have things there. I don't go over there and I'd never go now I just mail stuff, and have never went without calling first. I feel weird going in without asking as I don't LIVE there. But I'll be darned if I have NO access to a place I am legally liable for damages and has my stuff in it.

I have been sued by companies. I'm in a 13. Almost over. They settle easily and have no emotional investment. When a person is mad or idk there are "Feelings" involved, it can change things. Although, if I were a narcissist, which I am not, I could likely dupe him for 6 months thinking I was his GF and not pay a dime. The man things I hung the moon. But I'd never get rid of him in February. I'd have to change my number. People at our old employer says he is always talking about missing me to the point they tell him to shut up it's old. So....he's kind of soft.

I hope all works out well. Good luck.

 

[Litigator22]

I got a job I hate but I'll do it for the 6 months left.
Bills are in his name, I do stupid things sometimes, but I also am not THAT stupid. I knew not to put them in MY name. The internet is 17 a month, I used a year promo with a company. So, no biggie and that is the ONLY bill in my name.

He said he was not moving. He told me that to get me to talk to him as I only talk about financial matters. I think he still has a thing for me and it was a desperate attempt to get attention.

No, the LL cannot sue us for a half a year, it clearly states all he can sue for are 2 months rent or damages which will be covered by a security deposit. The man has two cats (LL Knows and there is no carpet in the home) and he dresses them in sweaters and he wears argyle and prefers to wash dishes than use a dish washer as to save money and it gets them cleaner. I trust he's not punching holes in walls. I mean, I made lines on the wall with a No. 2 Pencil to hang the TV and he freaked out the LL would charge "us". I said....magic eraser? Oh yeah...he has idk 20 of those. So..that's all fine.

As for keys, the LL doesn't want the key until the lease ends and I am still on the lease and I still have things there. I don't go over there and I'd never go now I just mail stuff, and have never went without calling first. I feel weird going in without asking as I don't LIVE there. But I'll be darned if I have NO access to a place I am legally liable for damages and has my stuff in it.

I have been sued by companies. I'm in a 13. Almost over. They settle easily and have no emotional investment. When a person is mad or idk there are "Feelings" involved, it can change things. Although, if I were a narcissist, which I am not, I could likely dupe him for 6 months thinking I was his GF and not pay a dime. The man things I hung the moon. But I'd never get rid of him in February. I'd have to change my number. People at our old employer says he is always talking about missing me to the point they tell him to shut up it's old. So....he's kind of soft. He has bad anxiety and freaked out when I did not pay for a week, and since I dropped off that 500 dollar check after he freaked out, he's been calm. But I keep it in my head...would he sue me? IDK..maybe. You can sue for anything just trying to get your ducks in a row is a bit harder.

Why are we receiving two versions of the landlord's remedies? Friday it was:

I notified my Landlord I wanted to move out. He said he was fine with it and was not going to charge me the fee to break the lease which was one year's worth of rent. . .

Now, today it becomes:

No, the LL cannot sue us for a half a year, it clearly states all he can sue for are 2 months rent . . .

Or is it possible that you've never read the bloody lease?

In any event the landlord won't be recovering any delinquent rent per a judgment UNTIL he can prove his compliance with subsection (3) of Section 383.670 of the Kentucky Revised Statutes. *

Furthermore, if your co-lessee/co-obligor can prove that the landlord released you from the lease and he desires to do so, he too can walk away without liability for after accruing rent. And this by operation of the laws of suretyship. **

Also, because of ex's potential immunity and his ability to walk away from the lease he cannot hold you liable for any obligations owing him that accrue after you were released. In other words, any future responsibilities on you behalf to pay future accruing utility charges would be likewise extinguished. It would be optional for him to remain or leave. But his election to remain would not rekindle your agreement to pay utilities. Meaning those accruing in the future and not the past to which you'd remain obligated.

Of course the gravamen is whether or not the landlord truly let you off of the hook. And it might be to huge a stretch if only relying on "it was okay with the LL if I moved out."

________________________

[*] "If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. . . "

[**] Unless they consent or reaffirm, the release of a co-obligor by the obligee automatically releases all other co-obligors.

 

[quincy]

Apparently (at least in one version) Rossie is still on the lease and still has a key to the unit. The landlord might have said it’s okay by him if Rossie moves out if she makes arrangements with her roommate but he also never released her from her obligations under the lease.

 

[FarmerJ]

Ros before say the last two months of the lease term like at 65 days or so make sure you send to the LL and roommate a letter on real paper sent say via confirmed mail delivery telling them that the point of the letter is to make it crystal clear you will not renew a lease of any kind. date and sign it , keep copies for your records stapled to your postal receipts . This way its done and there is no way either can claim you didnt give a proper notice.

 

[Rossie83]

Apparently (at least in one version) Rossie is still on the lease and still has a key to the unit. The landlord might have said it’s okay by him if Rossie moves out if she makes arrangements with her roommate but he also never released her from her obligations under the lease.

That is what he said. And in the lease he cannot force someone to pay more than 2 months rent if they break the lease. And he told me on the phone if I WANTED to break the lease he would happily take my name off for the sum of 2 months rent. But I did not want to leave my roommate holding the bag so he said I could stay on the lease and work out something with my roomie.

The matter was settled. The roommate agreed on a lump sum of cash sufficient for the rest of the lease term, which is until February, and my lawyer took care of the rest. I already gave them the cashiers check. Over, done, I don't have to do anything except in February when the lease is up, I give the keys to the LL and I am no longer on the lease. Easy peasy.

 

[Rossie83]

Why are we receiving two versions of the landlord's remedies? Friday it was:



Now, today it becomes:



Or is it possible that you've never read the bloody lease?

In any event the landlord won't be recovering any delinquent rent per a judgment UNTIL he can prove his compliance with subsection (3) of Section 383.670 of the Kentucky Revised Statutes. *

Furthermore, if your co-lessee/co-obligor can prove that the landlord released you from the lease and he desires to do so, he too can walk away without liability for after accruing rent. And this by operation of the laws of suretyship. **

Also, because of ex's potential immunity and his ability to walk away from the lease he cannot hold you liable for any obligations owing him that accrue after you were released. In other words, any future responsibilities on you behalf to pay future accruing utility charges would be likewise extinguished. It would be optional for him to remain or leave. But his election to remain would not rekindle your agreement to pay utilities. Meaning those accruing in the future and not the past to which you'd remain obligated.

Of course the gravamen is whether or not the landlord truly let you off of the hook. And it might be to huge a stretch if only relying on "it was okay with the LL if I moved out."

________________________

[*] "If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. . . "

[**] Unless they consent or reaffirm, the release of a co-obligor by the obligee automatically releases all other co-obligors.

INone of that was my situation at all. It has been taken care of. I actually don't have a bad landlord or my roomie is out to do me over. I know it seems that way a lot of the time but, sometimes reasonable people need to change things up and they work out reasonable verbal agreements. My LL is an engineer and travels from Texas to my state all the time, he works with us, or worked with us, I left that job. So...it is not like a normal situation where people are mad. As long as HE gets his rent money each month he could not care less if I live there or on the Moon. And as long as my ex roomie gets his utilities paid by me he couldn't care less if I live there or on the Moon. I just had a blip where I had no money and he was worried and I was about to say, well....you know...sue me I guess. But I wasn't mean about it I was just matter of fact like, well...that's an option. We are all just regular people who work out deals on our own. And yes I still have the key and I don't have to give it back until the lease ends, in February.

 

[FarmerJ]

Send those keys to the LL via certified mail and be done with it BECAUSE other wise if roomate still blows it and you have keys your LL can consider that to construe possession and you will be the target of the LL.

 

[quincy]

That is what he said. And in the lease he cannot force someone to pay more than 2 months rent if they break the lease. And he told me on the phone if I WANTED to break the lease he would happily take my name off for the sum of 2 months rent. But I did not want to leave my roommate holding the bag so he said I could stay on the lease and work out something with my roomie.

The matter was settled. The roommate agreed on a lump sum of cash sufficient for the rest of the lease term, which is until February, and my lawyer took care of the rest. I already gave them the cashiers check. Over, done, I don't have to do anything except in February when the lease is up, I give the keys to the LL and I am no longer on the lease. Easy peasy.

Thank you for the update, Rossie. It sounds as if you and your former roommate have handled this well.

Good luck.