Roommate Leaving Lease Early

[Litigator22]

"Main tenant"?

I don't know what the "rental office" means by that fictitious term, but it clearly acknowledges that there is more than one tenant on the lease.
And unless the lease agreement specifies otherwise - in order for the landlord to comply with Massachusetts law - any refund due should be made payable to all named tenants. (MGL Ch. 186 Section 15B(4)

Yet again if push turns to shove there is a way to ensure that you obtain any benefits due via the rental deposit. Holding over for one month would force the landlord to credit the deposit for the month of August.

But getting back to the utilities for July. Don't let your decisions or actions on the subject be influenced by the fact that those services are contracted under your sole name. Such an argument is totally specious. As groundless as proposing that your roommate is entitled to be reimbursed for what she has paid to date.

 

[quincy]

"Main tenant"?

I don't know what the "rental office" means by that fictitious term, but it clearly acknowledges that there is more than one tenant on the lease.
And unless the lease agreement specifies otherwise - in order for the landlord to comply with Massachusetts law - any refund due should be made payable to all named tenants. (MGL Ch. 186 Section 15B(4)

Yet again if push turns to shove there is a way to ensure that you obtain any benefits due via the rental deposit. Holding over for one month would force the landlord to credit the deposit for the month of August.

But getting back to the utilities for July. Don't let your decisions or actions on the subject be influenced by the fact that those services are contracted under your sole name. Such an argument is totally specious. As groundless as proposing that your roommate is entitled to be reimbursed for what she has paid to date.

A lot depends on any agreements made between the roommates - and how these agreements can be shown.

For example, perhaps one agreed to pay utilities if the other paid for groceries. Perhaps one agreed to take a smaller room for a discounted rent. Perhaps one had a car that was shared.

In other words, there is not always a 50/50 split.

I do NOT recommend holding over for a month past the expiration of your lease. BAD idea.

The security deposit refund could be sent by the landlord to the other roommate but in the names of both (Tenant 1 AND Tenant 2).

 

[Litigator22]

Explain why any rental deposit refund should be remitted to the departing tenant. Because she was gracious in agreeing to do what she is contractually obligated to do?

Also the proportions of the split of the utilities is incidental. What is telling is that there was a split or sharing of those expenses. ! If not, then why the announcement from the roommate that prompted the thread?

 

[Litigator22]

Please stop quoting posts without comment. Add your comments to the post that contains the quote, Litagator. These unnecessary posts are being reported.

Thanks.

Listen up!

Step one: I click on "reply" to a post upon which I wish to reply.

Step two: I type my reply and click on "post reply"!

Now, kindly explain why I am out of step.

 

[quincy]

Explain why any rental deposit refund should be remitted to the departing tenant. Because she was gracious in agreeing to do what she is contractually obligated to do?

Also the proportions of the split of the utilities is incidental. What is telling is that there was a split or sharing of those expenses. ! If not, then why the announcement from the roommate that prompted the thread?

The landlord can send a single security deposit refund check to one of the tenants (made out to all) - but the landlord should be sending it at the end of the lease period (with any damages deducted).

As for the departing tenant being "gracious" about recognizing her obligation to pay rent, it is not graciousness on the part of the tenant but rather a nice departure from the majority of posts we get on this forum about roommates who leave without paying owed rent (hence my use of the word "fortunate" in my first post).

The utilities could be hard to argue in court for the month of July when the departing tenant has already departed, especially since the utilities are in Pasta's name only. And the tenant who has left is not using internet or gas/electric or water.

The departing tenant could owe on bills that cover the time she lived in the unit, however (depending on any agreement the tenants had about utilities) - but whether a legal action is worth pursuing might depend on how much is due.

If any lawsuit is considered, it should not be pursued until the end of the lease period and refund of the security deposit - and, again, only if the amounts are worth the time and expense of a suit.

You can quote a post by clicking on reply and, before submitting the post with the quote, you should add your comments to that post - either above or below the quote.

What you have been doing is quoting the post, submitting the post with just the quote, and then creating a new post without the quote but with your comments - two posts instead of one.

One post is all that is necessary - and you did it correctly when you quoted my post above.

 

[Pasta88]

So I'm going to respond to as much as I can. I'm starting to get really nervous.

- I requested a copy of my lease from the landlord because my login to Dotloop (where the lease is stored) isn't working. I still haven't received a response.
- My roommate just informed me that the landlord called her and told her that the final month's water bill will be deducted from the security deposit. Since my roommate will be leaving, that is now my responsibility. Is that even legal? I thought the only thing that can be deducted was unpaid rent and property damage?
EDIT: Just found that they can deduct water charges.
- I'm still not buying this "main tenant" nonsense. There is no reason as to why the check can't be made out to both of us.

I feel like I am going to get screwed here and there's nothing I can do. I'm close to calling a lawyer just to get his/her thoughts.

A lot depends on any agreements made between the roommates - and how these agreements can be shown.

For example, perhaps one agreed to pay utilities if the other paid for groceries. Perhaps one agreed to take a smaller room for a discounted rent. Perhaps one had a car that was shared.

In other words, there is not always a 50/50 split.

I do NOT recommend holding over for a month past the expiration of your lease. BAD idea.

The security deposit refund could be sent by the landlord to the other roommate but in the names of both (Tenant 1 AND Tenant 2).

There was no such agreement. All utilities were to be split 50/50. When I asked her to pay the remaining Internet bill because that is a "fixed" amount each month, she played the "the bills are in your name" card.

I can't wait until I can afford to live alone.

 

[quincy]

So I'm going to respond to as much as I can. I'm starting to get really nervous.

- I requested a copy of my lease from the landlord because my login to Dotloop (where the lease is stored) isn't working. I still haven't received a response.
- My roommate just informed me that the landlord called her and told her that the final month's water bill will be deducted from the security deposit. Since my roommate will be leaving, that is now my responsibility. Is that even legal? I thought the only thing that can be deducted was unpaid rent and property damage?
- I'm still not buying this "main tenant" nonsense. There is no reason as to why the check can't be made out to both of us.

I feel like I am going to get screwed here and there's nothing I can do. I'm close to calling a lawyer just to get his/her thoughts.



There was no such agreement. All utilities were to be split 50/50. When I asked her to pay the remaining Internet bill because that is a "fixed" amount each month, she played the "the bills are in your name" card.

I can't wait until I can afford to live alone.

The landlord can send the security deposit refund to your roommate but a refund check must be made out to both your roommate AND you - so you both must sign the check.

If the landlord plans to deduct the final water bill from the security deposit, you do not have to pay the final water bill. It might be that the water bill won't be due until after your lease ends and you have moved out?

You will want to demand a final accounting of any deductions made from the deposit whatever the case so, if there is a problem with the refund, you will have that for a court action (against either your landlord or your roommate) if you decide the amount is worth a lawsuit.

You can attempt to sue your roommate for half of all utility costs incurred in the final month of your occupancy. I think the roommate could have good argument for not being responsible for the utilities if she is not residing there - but Litigator apparently sees it differently.

You can review your situation at a landlord/tenant clinic in your area but at this point it is mostly a waiting game for you. You will probably have to pay the bills now and decide whether to sue to collect on them later.

Living without a roommate is often worth the higher cost.

 

[Pasta88]

The landlord can send the security deposit refund to your roommate but a refund check must be made out to both your roommate AND you - so you both must sign the check.

If the landlord plans to deduct the final water bill from the security deposit, you do not have to pay the final water bill. It might be that the water bill won't be due until after your lease ends and you have moved out?

You will want to demand a final accounting of any deductions made from the deposit whatever the case so, if there is a problem with the refund, you will have that for a court action (against either your landlord or your roommate) if you decide the amount is worth a lawsuit.

You can attempt in sue to your roommate for half of all utility costs incurred in the final month of your occupancy. I think the roommate could have good argument for not being responsible for the utilities if she is not residing there - but Litigator apparently sees it differently.

You can review your situation at a landlord/tenant clinic in your area but at this point it is mostly a waiting game for you. You will probably have to pay the bills now and decide whether to sue to collect on them later.

Living without a roommate is often worth the higher cost.

Amen to that...

Thanks again for all the help guys. I'll let you know what happens...

 

[quincy]

Amen to that...

Thanks again for all the help guys. I'll let you know what happens...

We would appreciate an update, Pasta88. And we appreciate the thanks.

I hope the problems you have with your roommate and landlord are less than you fear and your final month in residence is nice and peaceful.

Good luck.

 

[Pasta88]

So I wanted to provide an update on this and get some advice. The situation has gotten worst.

To provide some background, I mentioned before that I was afraid my roommate would keep the security deposit as it was being sent only to her. It turns out that I should have been worrying about the landlord.

My scheduled move out date was on 7/29 and a walkthrough was done by an employee of the leasing office. He said that the apartment looked fine and it was over. I did not sign anything or see any formal documentation.

Three days later I receive a text message from the property manager with a photo of furniture (not ours) in the garbage room. The property manager then stated that she will be deducting $500 from the security deposit because furniture cannot be dumped there. After my roommate and I explained that these were not our items, she doubled-down and claimed that the cleaners saw us dump the furniture there. First of all, I want to stress that these items are NOT ours, and second, there was not cleaner present during our move out, so I am unsure how they would have seen someone dump furniture there.

I have sent countless emails demanding an itemization of the charges for my review and the manager is refusing. I feel completely helpless at the moment and I have no idea what to do. We are being taken advantage of and there is nothing we can do about it.

Any suggestions?