Ex-Girlfriend stopped paying rent

[Abelltgt5133]

In NC. Long story short, ex-girlfriend and I signed a lease in October of 2016, by November she was living with another guy. We came to terms on her owing me half the rent per month and a portion of a credit card we used for all of our moving expenses. For the first few months she paid her half of the rent. 3 months ago, I cut the amount I expected per month by more than half to help her because she was in school. A few days ago she asked me if she could pay less and I informed her that I couldn't put myself or my girls in a bad position by reducing the amount she paid monthly anymore. I suggested she pick a second part time job to supplement her current income. She didn't like that idea and the told me she would not be paying rent, which leads to my question.

I have been storing her large bedroom set for her and told her that I would store it as she paid the rent. It has been in my home for 7 months. Could I sell the set since she is not cooperating even though I had reduced her payments on a few occations? The money from the sale would go towards the amount she owes for the upcoming rent and costs.

Thanks in advance.

 

[HRZ]

MY guess is you are stuck to sue her in Small claims court for breaking the deal to pay 1/2 then 1/4 of rents as each payment is missed....you do have good records I hope ?

RIsky and worse to unilaterally sell her stuff .

Your state may require that parties or breaking side try to abate damages ...look it up and be sure you are not blocking any effort on her part to sublet ..and you may need to try as well....

 

[justalayman]

If she paid rent you weren't doing her any favors by storing the bedroom set. She was entitled to utilize the apartment as she chose since she is a co-lessee whether she pays anything or not.

She is a co-lessee. You have no right to sell anything of hers and doing so, if the police and prosecutor are in a bad mood, result in criminal charges.


At this point since you expect her to pay the negotiated share of the rent, you are relegated to suing her but take note; if she wants to store something in her apartment, especially since she will be expected to pay, she can.

you don't get it both ways. If she is a co-lessee, she has benefit of being a lessee. If you don't want her to be able to use the apartment as she chooses you have no right to expect payment.

 

[FarmerJ]

have you researched your states abandoned property laws so you know what they are ? and does she still have keys to this place ?

 

[justalayman]

have you researched your states abandoned property laws so you know what they are ? and does she still have keys to this place ?

She is a co-lessee. She has a right to have keys and you can't abandon property in an apartment you are renting.


Op wants her stuff out but still wants money for rent. Not happening.

 

[Abelltgt5133]

She is a co-lessee. She has a right to have keys and you can't abandon property in an apartment you are renting.


Op wants her stuff out but still wants money for rent. Not happening.

Actually, regardless of whether or not her stuff is there, she would still own half the rent. She signed a year long contract along with me then left on her own accord. She is responsible for half of the rent, by law, and according to the magistrate she has no right to enter the home as she willingly left. If she were to try and enter the property, I could have her charged with trespassing (per the magistrate).

She still has a key to the home, as she has not returned it, but she does not possess the alarm code for the security system.

I'm a nice person, so I told her I didn't have a problem with storing some of her larger items since I had some room. It has nothing to do with greed or wanting to make a profit as whatever I sold the items for, would be put towards what she owes me financially.

 

[Zigner]

You're really doing a poor job at telling your story, so let's try a q & a method:



Are you saying that you and she signed a lease as co-tenants with a landlord? (yes or no)


Are you saying that you are her landlord because you rented a unit to her? (yes or no)


Are you saying that you no longer consider her a tenant because she has left? (yes or no)


Are you saying that you have gone to court over this issue? (yes or no)

 

[Abelltgt5133]

You're really doing a poor job at telling your story, so let's try a q & a method:



Are you saying that you and she signed a lease as co-tenants with a landlord? (yes or no)


Are you saying that you are her landlord because you rented a unit to her? (yes or no)


Are you saying that you no longer consider her a tenant because she has left? (yes or no)


Are you saying that you have gone to court over this issue? (yes or no)

Co-tenants with a landlord (a company, not a single person).

Not her landlord.

She is considered a tenant and still considered responsible for the payment as she is still on the lease even though she no longer lives there.

We have not gone to court as we tried to do this amicably.

She agreed to pay half the rent for the remainder of the contract and a portion of a credit card we used for moving expenses. I was allowing her to make smaller payments monthly in order to help her while she was in school.

 

[Zigner]

Co-tenants with a landlord (a company, not a single person).

Not her landlord.

She is considered a tenant and still considered responsible for the payment as she is still on the lease even though she no longer lives there.

We have not gone to court as we tried to do this amicably.

She agreed to pay half the rent for the remainder of the contract and a portion of a credit card we used for moving expenses. I was allowing her to make smaller payments monthly in order to help her while she was in school.

Ok, that makes this simpler. She is still a tenant with all the rights and responsibilities of a tenant. You cannot unilaterally change that fact. You are each 100% responsible to the LL for the rent (known as joint and several liability). If you wish to force her to be responsible for the rent, you will need to sue her. There is no magistrate who would have told you in any official capacity that you can lock her out of the unit and, if you tried to physically prevent it, you could be forced to allow her entry to the unit by the police.

 

[latigo]

Actually, regardless of whether or not her stuff is there, she would still own half the rent. She signed a year long contract along with me then left on her own accord. She is responsible for half of the rent, by law, and according to the magistrate she has no right to enter the home as she willingly left. If she were to try and enter the property, I could have her charged with trespassing (per the magistrate).

She still has a key to the home, as she has not returned it, but she does not possess the alarm code for the security system.

I'm a nice person, so I told her I didn't have a problem with storing some of her larger items since I had some room. It has nothing to do with greed or wanting to make a profit as whatever I sold the items for, would be put towards what she owes me financially.

Please try to get it through your seemingly impenetrable head that whether or not she is contributing to the monthly rental payments as long the current lease is in effect that she has as much right to the use of the premises as you, including unrestricted access and the right to have her stuff there. And that if you dispose of her stuff without her consent, you will have committed the crime of larceny.

Also understand that your legal remedies are limited to suing her for contribution. Meaning that you would have a legal claim or cause of action against her for any portion of her agreed share of the rent that you are required to pay.

Furthermore, the only way her stuff might be applied in payment of her obligation is if you were to exercise the right of contribution, sue her, obtain a money judgment, secure a writ of execution and have the sheriff execute the writ by seizing and selling any of her stuff that is not exempt from execution. (Noting that most likely such furnishings would be exempt from levy of execution.)

Lastly, if your make-believe-magistrate should ever materialize and spew forth such stupid advice, tell him better to keep it where it won't get sunburned.

 

[justalayman]

Actually, regardless of whether or not her stuff is there, she would still own half the rent. She signed a year long contract along with me then left on her own accord. She is responsible for half of the rent, by law, and according to the magistrate she has no right to enter the home as she willingly left. If she were to try and enter the property, I could have her charged with trespassing (per the magistrate).

She still has a key to the home, as she has not returned it, but she does not possess the alarm code for the security system.

I'm a nice person, so I told her I didn't have a problem with storing some of her larger items since I had some room. It has nothing to do with greed or wanting to make a profit as whatever I sold the items for, would be put towards what she owes me financially.

Of course she would owe but she could also defend that with your obligation to mitigate your damages.


But that's beside the point. You demand she pay so if that's your position turn she has a right of occupancy including her storing her stuff in her apartment.
I disagree with your magistrate. If you demand she pay and prevent her from entering she doesn't owe you a penny from there on out.


And you can stop the BS about being a nice person. As long as you expect her to pay anything and prevent her from utilizing the premises you're not a nice person.

 

[STEPHAN]

She still has a key to the home, as she has not returned it, but she does not possess the alarm code for the security system.

No need for her to return the key. Unless properly evicted though the court system she is a legal tenant.

If you did anything with the security system (like changing the code) that prevents her from entering her home, you were engaged in illegal eviction and you could face serious charges.

 

[FarmerJ]

So to expand on what Stephen said when he posted >No need for her to return the key. Unless properly evicted though the court system she is a legal tenant< SO pay the rent by your self and ask the landlord to let her be removed from the lease in writing then take that prepared release from the lease with you in court to sue her for unpaid rent and offer a settlement where she only pays you your filing fee and gets in writing her lease obligation ended , if she shows up. I cant see why she wouldn't do this but if she does then you are able to send to her proper notice that her property left in the apartment will be treated as abandoned if not removed by ( how ever many days your state allows ) via certified mail and if she does not get them out then as long as you have followed your states laws you can dispose of those things as you see fit.

 

[Zigner]

While I do agree that preventing the entry of the co-tenant can lead to serious charges, I'm not sure that an illegal eviction is one of them. There is no LL/tenant relationship.

If you did anything with the security system (like changing the code) that prevents her from entering her home, you were engaged in illegal eviction and you could face serious charges.

ETA: http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_42/Article_2A.pdf

 

[HRZ]

AS an aside, OP, you bear the burden of proof as to there being a 50/50 or 75 /25 or what ever split agreement ...most likely NOT in the words of lease w LL. I support your view that she owes as agreed .

But it's,your burden to prove it.and to,drag her to,court by the correct steps...and in the meantime you might keep your hands squeaky clean ...no lock outs or sale of her stuff. DIrty hands can be a killer especially in small claims court.