Sorry, this is going to be long!!
First off, I live in Hawaii.
I've been renting this apartment for about 6 months now. I signed the lease and put the deposit and first month's rent down. I then found a roommate. The roommate filled out the rental application, but the landlord never had him sign the lease. How it works is I pay the landlord every month and the roommate pays me half rent and utilities.
Fast forward to a few weeks ago. Roommate told me he would be moving out sometime in May, but he would still be paying for all of May. I told him this was no problem whatsoever. May rent was due and he didn't give me any. He told me had had work done on his jeep and asked if I could just keep the deposit and him not pay rent for May. I told him it didn't work that way because the landlord had his deposit and that I wouldn't be getting another deposit until someone else moved in. Not to mention, he would also owe me for utilities for April and May, AND he broke the mirror in his bedroom, so that would have to get fixed and come out of his deposit.
Right now, he owes me over $900 for May's rent and April's utilities. To work with him, I asked if he could just pay me $450 and I would take everything else out of the deposit and return whatever was left to him. He said this was fine. We had talked last Friday. I asked him to pay me by Sunday, the 4th. He also said that was fine. Sunday rolls around and I still don't have any money. I asked him if he was going to pay me and he muttered something like "I need to figure stuff out" and said he would pay me Monday the 5th. I don't know what there is to figure out. You owe me money, you pay me money, end of story.
I get home from work yesterday and see that roomie had been moving out all day... half his stuff is gone! And I still don't have any money! I immediately called him, he didn't answer, and I left him a voicemail saying that he owed me money. I sent him a text message a few hours later and asked if he would be home. He replied that he wouldn't and that he'd see me today. I told him that I've been more than cool with him paying late in the past and that I asked him to pay me by Sunday and I have yet to see any of it. He then accused me of being hostile and said we would talk in person sometime today. Again, WHAT IS THERE TO TALK ABOUT?! YOU OWE ME MONEY!
I called my landlord and made him aware of the situation. Unfortunately, there is no written lease between my roommate and I, but there was a verbal agreement. There's a lock on the door that he does not have a key to, so I locked it before work so that he can't get his stuff without paying me. I don't know if he'll try to get in there today or not. I would just keep his security deposit and be done with it, but he'll owe me 2 months worth of utilities and the cost of the mirror... and I KNOW if he moves out completely, I'll never see that money.
Anyway, I need some advice. I definitely have a case for small claims court. I just don't know what to do at this point. I realize locking the door may not have been the BEST idea, but I just didn't know what else to do. I've NEVER had a problem with this guy before. This is all just baffling me. Someone I've trusted for so long just going out and trying to screw me over.
HELP!!!
First off, I live in Hawaii.
I've been renting this apartment for about 6 months now. I signed the lease and put the deposit and first month's rent down. I then found a roommate. The roommate filled out the rental application, but the landlord never had him sign the lease. How it works is I pay the landlord every month and the roommate pays me half rent and utilities.
Fast forward to a few weeks ago. Roommate told me he would be moving out sometime in May, but he would still be paying for all of May. I told him this was no problem whatsoever. May rent was due and he didn't give me any. He told me had had work done on his jeep and asked if I could just keep the deposit and him not pay rent for May. I told him it didn't work that way because the landlord had his deposit and that I wouldn't be getting another deposit until someone else moved in. Not to mention, he would also owe me for utilities for April and May, AND he broke the mirror in his bedroom, so that would have to get fixed and come out of his deposit.
Right now, he owes me over $900 for May's rent and April's utilities. To work with him, I asked if he could just pay me $450 and I would take everything else out of the deposit and return whatever was left to him. He said this was fine. We had talked last Friday. I asked him to pay me by Sunday, the 4th. He also said that was fine. Sunday rolls around and I still don't have any money. I asked him if he was going to pay me and he muttered something like "I need to figure stuff out" and said he would pay me Monday the 5th. I don't know what there is to figure out. You owe me money, you pay me money, end of story.
I get home from work yesterday and see that roomie had been moving out all day... half his stuff is gone! And I still don't have any money! I immediately called him, he didn't answer, and I left him a voicemail saying that he owed me money. I sent him a text message a few hours later and asked if he would be home. He replied that he wouldn't and that he'd see me today. I told him that I've been more than cool with him paying late in the past and that I asked him to pay me by Sunday and I have yet to see any of it. He then accused me of being hostile and said we would talk in person sometime today. Again, WHAT IS THERE TO TALK ABOUT?! YOU OWE ME MONEY!
I called my landlord and made him aware of the situation. Unfortunately, there is no written lease between my roommate and I, but there was a verbal agreement. There's a lock on the door that he does not have a key to, so I locked it before work so that he can't get his stuff without paying me. I don't know if he'll try to get in there today or not. I would just keep his security deposit and be done with it, but he'll owe me 2 months worth of utilities and the cost of the mirror... and I KNOW if he moves out completely, I'll never see that money.
Anyway, I need some advice. I definitely have a case for small claims court. I just don't know what to do at this point. I realize locking the door may not have been the BEST idea, but I just didn't know what else to do. I've NEVER had a problem with this guy before. This is all just baffling me. Someone I've trusted for so long just going out and trying to screw me over.
HELP!!!
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But do you think locking the door is a good idea? Should I "hold his stuff hostage" or just let him get it and see him in court?