Roommate issues

[vincentchiche]

What is the name of your state (only U.S. law)? DC
Hi,
We are four living in an appartment, we all agreed on which rent everyone should pay regarding the size of the room.

Somehow one of the flatmate, decided a year after that her share was not fair. Ever since she has been acting crazy, harrassing us morally by not cleaning dishes, leaving mess in the bathroom..etc..and decided not to pay the rent for next month or at least what the full amount we agreed on.

We are all on the lease, we would like her to move out to not affect our credit score, but it seems that there is nothing that we can do without her agreement.

We do believe she has mentally issues, refuses to talk to us and act like she can do whatever she wants, she even called the police on me saying I was agrressive and that she was scared for her life. The police was not fooled, and explain that she should move out. Humiliated, everything just got worst ,like stopping me for getting into the appartment by blocking the door.

So we decided (the 3 remaining) to move out, but once again we can't do anything without her aggrement. The managment seems helpless on that matter.

What can we do to protect ourself?
If there some kind of right that we can rely on?
How can we get out of this hell?What is the name of your state (only U.S. law)?

 

[Mrs. D]

Did your lease convert to month-to-month, or are you on a yearly lease?

 

[vincentchiche]

its a month to month lease

 

[BL]

its a month to month lease

Ok let's try this again .

Is this a month to month long term lease , say 12 months ?

What are the provisions in the lease for terminating ?

 

[Mrs. D]

Per DC law, 30 days notice to vacate is required for month-to-month tenants. However, many LLs in DC write in a clause for 60 days notice to vacate. Look at your lease, and give the notice stated there. If no notice requirement is given, give 30 days notice to vacate. Your notice to vacate, if 30 days, would be good on Feb. 28, and if 60 days on March 31. Start looking for a new place and be rid of this person.

 

[vincentchiche]

We are on a month to month lease, with a 30 days notice.

I have the notice form in my possession, but it turns out that even if we leave the place at due date, and she refuses to leave, we all are still responsible on the rent regarding the residence.

Another thing is if she refuses to pay the rent for february we are also responsible.

What a mess, I dont understand that one person can tie down 3 others.

 

[BL]

No , this tenant can not hold you up , upon proper notice on a month to month agreement . If this tenant choses to stay , the entire rent will be that one's responsibility .

 

[vincentchiche]

Ok I went to check with the managment, they dont really know about that...That is sad...

That does not fix the february rent though...but I guess...we have to pay her rent to get rid off her...that is a small price to pay

Anyway we will our notice today, thanks a lot for your time and help, feels good to be listened sometimes

 

[Mrs. D]

IF the 4th person refuses to move out, under joint and several liability, you can ALL be considered "holdovers" (full possession has not be returned). You can ALL be sued for rent for any time she refuses to vacate. That said, you may not be found liable. DC is pretty tenant friendly, and a well-documented move-out might spare you some pain. Also, even if you were found liable, you would have recourse to "sue her back" for being the ONE person who didn't vacate, if you do everything right and document it well.

Step one...all three of you send in your notice of intent to vacate effective Feb. 28, certified mail, return receipt requested NOW!!! Also each of you three send the 4th roommate a copy of the intent to vacate by the same method...also NOW! Either get a P.O. box or use your work address for the return address, so you actually GET the return slips (i.e., they don't "disappear" from the mailbox).

Then, you might be able to reduce your problems if you talk to the MC. I would request of them to send a letter to each tenant individually, acknowledging your notice to vacate and noting your lease will end on Feb. 28. Have them say they expect all property removed, the premises restored to move-in condition less normal wear and tear, and keys returned by midnight, Feb. 28. It's really a form letter and a small thing to ask them to do. While it's not "proof" that the 4th roommate was sent a letter...each of you should keep your copy of that letter. That might kindly show her the door.

Clean all the common areas and your individual areas of the apartment thoroughly and document the condition when you leave the apartment with video (date by first videoing a cell phone showing the date). Heck, request a walk-through from the MC...if she hasn't packed and moved, make sure that's noted on the walk-through sheet, with specific details of WHAT remains and WHERE it is (document with photos). Make sure to remove ALL of your stuff. Turn your keys into the LL/MC PERSONALLY, ON TIME, AND GET A RECEIPT FOR THEM.

If you give proper notice, vacate properly, and document everything, you should be in good shape in the end, even if your roommate keeps up her craziness.

 

[vincentchiche]

will do thanks again