Rental dispute, roommates from hell................

[montanarenter]

I agreed to rent a house with two other tennants this past summer. I told them that I would rent with them in September. Both other tennants agreed to leasing a house before I was back in town. One of the above moved into the house on Aug. 1, 2000. When I returned to school on September the 1st, I signed a month to month rental agreement to start on the day of signing. On the day of signing I told both the girls that I would not pay Aug. rent as I did not live there and because my lease didn't start until Sept. 1. They gave verbal agreement to this and at this time I gave the landlord a check for my first, last and deposit. ($533.00).
The living arrangement turned out to be a nightmare. They presented me with a bill of Septembers Utilities on Sept. 15th. When I questioned the bills they informed that the statements had been lost
I gave my landlord and them verbal notice on Oct. 6, 2000, after spending an actual total of 8 nights in residence. They were hostile and accusatory to the point of a few rude telephone messages, a phone call where both parties screamed insults at me until I hung up the phone, and a visit to my place of employment to plead that I come and try to work things out. I talked with them,where upon they told me they expected August's rent in full. Once more at this time I requested copies of the bills (utility) that I had already paid, once again they stonewalled and said they couldn't find them.
I prepared and mailed written notice to my landlord, as well as a check for the 15 days of Oct. I was informed by one of the tennants that the landlord never received my notice or check. This was verified by the landlord and by the bank ~check never cashed. I then prepped another letter stating that I wished my last months' check be used toward November's rent and that the one effect that I had there (a bed) would be removed by December 1,2000. Along with this letter I sent a check for October's rent, and a copy of both the first letter and a carbon copy of the original check.
The tenants of the house continue(d) to harasse me for utitlities for Oct and Nov. a bill that I would gladly pay when presented copies of actual billing statements, as the amounts demanded were suspiciously large. They failed to do this, instead further harassment insued. Needless to say, to clear my own name I paid the amount demanded for utilities, but my requests for billing statements, both written and verbal, continue to be ignored.
Now I recieve a handwritten note on the window of my car at work that they are having a lawyer start legal proceedings to take me to court to get October and August's rent.
Can you tell me, where do my responsibilities end? Can they do this? And do I have a chance for a counter suit for defamation of character and harassment?
Also when I gave notice my landlord informed me that I cannot have my portion of the deposit back ($166.50) until the other two and whomever the new roommate is, vacate the house completely. Can she do this?
How can I be responsible for the damages that may be incurred after I have left? The property was in excellent condition when I vacated in full, however they (the tenants) intend on putting a false wall in the closet that seperates the rooms.

[Edited by montanarenter on 12-21-2000 at 01:47 AM]

 

[I AM ALWAYS LIABLE]

My response:

Please help us to help you. It appears that your post is quite lengthy. Since we want to help you, it would be appreciated, and in your interest, if you could re-write your post to shorten its length.

Some suggestions would be to remove any extra words that do not go to the heart of your question and issues. Also, if you have any emotional or editorial type words or phrases, please remove those also. In other words, be your own worst critic, and stick to the facts.

Additionally, if you haven't already done so, please use paragraphs rather than running each sentence into the next. This, alone would make your post easier to read and understand.

Thank you for your kind cooperation, and I'm sure, after you've re-posted, someone will be with you shortly to assist you.

Thanks,
IAAL

P.S. If you haven't mentioned your State name, or the State where your problem has occurred, please tell us in your first sentence.

 

[JETX]

Here are my random thoughts....

1) Was your name on the utility bills? If so, contact the utility companies and get copies of the bills.

2) Your responsibility stops as stated in the lease. Most of the time, on a month-to-month, you are required to give 30 days notice of move-out (and pay for the full month notice). It does not appear that you did this... you need to pay your rent (per the lease) for the month FOLLOWING your notice to move.

3) You probably have no recourse against them. Any claim of damages for harrassment or defamation would require specific evidence showing how you were damaged.

4) Also, you were remiss in not handling this in a direct personal manner. Your post says that the room-mates told you the landlord had not gotten your letter or checks. You should deal directly with the landlord where it affects your status... do not rely on others to handle your business. Do it yourself... that way you know it gets done.

5) Most leases apply the security deposit to the entire lease, not just to each co-tenant. If your lease is that way, then the landlord is not obligated to give a 'partial' deposit.

6) Detail all of your payments and challenges in writing. Send a copy to the tenants and to the landlord.

Finally, if you find that the utilities or rents paid were in fact excessive (in your part), then you can consider litigation against the tenants for fraudulently claiming expenses. You need to take proactive steps NOW to protect yourself from any further claims.....