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Out of Control Roommate

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thisiscrazy

Guest
What is the name of your state? Massachusetts. I was wondering if I have any legal rights as a roommate? My roommate and I have not gotten along since April, and each month it gets worse. He now leaves the doors unlocked out of spite (I am a female, plus I do not want my stuff to get stolen,) he tried to tape record a conversation I might have had, until I found the recorder and took the tape, he left boxes and trash all over the apartment for over 3 weeks, will not clean at all, and turned off the electric in my room by shutting down the breaker. My landlord says there is nothing he can do. Well what can I do in order to feel safe & live the rest of my lease happier? I saved all his emails with all his promises, have all the emails to my landlord regarding this, have the tape he tried to tape me with, and have many, many pictures of how messy my apartment was with the boxes and trash. Can anyone give me some advise?
 


L

loserrr

Guest
well whos name is on the lease? if you or the rommate is not on the lease then you give your 30 day notice to vacate.

If both your names are on the lease, then both of you have to agree to end the other ones tenancy.
 
T

thisiscrazy

Guest
Both of our names is on the lease. He actually agreed to move out Aug. 1st, moved all his stuff out, then moved back in a day later. Now he says he is not moving at all. I am not leaving b/c I found the apartment, and it was my check that paid the realtor fee/security deposit. I actually found out that what he is doing, shutting off my electric and such can be considered harassment. I might file a complaint at the police department to at least have something on file.
 
A

annefan1000

Guest
Both of your names are on the lease? From what I surmise by your post, the roommate was added to the lease after you executed a lease on your own (by your comment of all security deposit monies paid by you alone). Was the roommate added to the lease as an addendum? If so, this addendum should have any stipulations and clauses which would apply to the roommate. If there is no written agreement regarding the roommate as an additional Lessee on your lease, the dwelling is yours exclusively and as such, you would have every right to have the roommate removed.

Incidentally, when the roommate "moves out" again, it would be a wise manuever to change the locks immediately, notify the landlord of the fact and give a set of keys to the landlord.

Good luck to you.
 
T

thisiscrazy

Guest
Actually we both signed the lease at the same time. But I mean, I found the apartment, did all the research, put the renter's fee on my check (which I failed to mention he paid me back.) I sent my landlord and him a certified letter detailing all of the events which lead up to this point, and my feeling unsafe and point out to them what the lease says regarding safety & comfortability within the apartment. I cannot wait to see what my roommate will do after he receives this letter. And the reason for the letter is b/c my landlord is hiding behind the fact that "there is nothing he can do," which is b.s. b/c I have a right to feel safe while I am occupying his apartment, and the lease says that he has the right to put into affect rules & regulations. So the letter is to have a paper trail basically.
 
A

annefan1000

Guest
Occurences aside, if both of your names are on the lease, then both of you have complete legal right to occupy and enjoy the premises.

Unfortunately, your situation is quite similar to that of a domestic dispute between married couples who hit the skids. If you wish to live in a peaceful environment, it appears your recourse would be to give the landlord the required notice and move out (provided, of course, that you are on a month to month lease).
 
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thisiscrazy

Guest
You are definitely right about hitting the skids. For me, the reason I am not leaving is the principle, since I did the work to find the apartment. But, when he gets the letter and goes "nuts," then I will get the police involved and get a lawyer, b/c we both have the right to live in a comfortable environment, but he does not have the right to harass me, turn off my electric, leave the doors wide open and unlocked all day and night, and tape record me. The saga continues......
 
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annefan1000

Guest
The habitability of your living arrangement is nearly unbearable and you're staying for "principle"??

"A wise person escapes temptation and leaves no forwarding address" {proverb}
 
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thisiscrazy

Guest
Hard to fathom, I know, but I LOVE my apartment, and financially I cannot afford to move either, or pay more rent. Thanks for all the advice though!
 
P

pmoore

Guest
Get out

Girl you have to be madly in love. I am sure that if you put this in the hands of God you would be doing much better. To stay in a situation because of principal is not only dumb but from what you've been saying it's also extremely dangerous.
As someone has already pointed out. You both signed the lease agreement, but only one of you has to stay there. I'll bet the first name on the lease is his, right? Like you are his lady and he is going to take care of you, right? If he left, you would not be able to stay there. To this day as long as the man has his signature on the agreement it's his apartment. Of course he is not going to move out, now that he talked it over with some friends and found out that the apartment is his.
I don't care how much searching you did to find this place or who's money was spent to secure the apartment. As you mentioned he paid this money back to you. So, what are you waiting for, hit the pavement and make a new life for yourself else where. Only this time don't tell the man where you are moving to. Not even your mutual friends, you know he'll find you and bring you right back!
This is not so much a question of an Out Of Controll Roommate as it is a domestic squabble. That is what you want us here to help you with. Honey, if someone you know was in the exact same situation what would you tell her to do? Think about it?
Good Luck and God Bless
 
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thisiscrazy

Guest
Thanks again for the advise, but actually he is not my boyfriend, just a roommate. I have a boyfriend and he has a girlfriend...
Actually I made my landlord sign this year's lease and my roommate to protect me as a tenant...my landlord was not going to make us have a lease. So I signed that lease for this year first, then my landlord, then my roommate. I think I am going to wait it out and hope for the best.
 
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pmoore

Guest
BEst of Luck to you Sweetie

I hope all turns out for you sweetie! I'll keep you in my prayers and see what God can do for you. Keep the faith!
 
C

CA. Landlady

Guest
It doesn't matter who signed first. You both are obligated to the landlord for the contract along with obligations to each other weather they be written or not.

You may want to seek legal counsel. You may want to follow your state specific prodecures to evict him for breach of contract considering the living conditions of hostility and lack of quiet enjoyment. You will need to be able to prove your case and good cause to evict him.
 

abezon

Senior Member
Your LL can't do anything because the problems are being caused by a co-tenant who has just as much right to be there as you.

The only chance I see is for you to sue your roommate for harrassment and obtain a restraining order forbidding him from doing "X, Y, and Z." If he gets violent, you could get a domestic violence protective order that would require him to move out. However, when you go to court for the order, he's going to testify that you started it all and he should get a PO against you.

Good luck.
 
T

thisiscrazy

Guest
Thanks for the advice. I appreciate everyone's response since I have NEVER had this happen with any roommate.
 

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