roommate not on lease

[1drained04]

What is the name of your state? NY-City. A rommate, who is not on my lease, just moved out. We had agreed to split 50/50 all expenses in apartment including move-in fees. We put up a pressurized wall to convert a large living area to a rather large bedroom for him. We have lived in new apt since 11/15/03. Verbally we agreed to live together for term of lease. He tells me days before I am leaving for a month, during the Holidays (12/18/03) that he has to move out for some financial reasons. We agreed on 02/01/04. That would give me enough time to find a new roomie. While on Holiday he sends an email that he is moving 1/15/04. He paid for half the month and moved 1/15. He is now asking for full security refund of $1025, plus half refund for the wall. What are my obligations? I am the lease holder. He owes for two phone bills, one electric bill, change of lock, and small damage to wall from nails. I don't feel he is really due anything but did write him a check after he and his belligerent mom entered into my apartment threating to sue me if I did not write a check for the wall and security. I had to have them removed by my security in my building. I would like to cancel the check for the security check that I wrote them. His mom said she would spend $5K to sue me if it meant getting the $500 due for the wall. What should I do? He has bad credit and I would think the same of his family. I have perfect credit and do not want someone like this taking advantage of me. However, I do want to do the right thing.

 

[HomeGuru]

What is the name of your state? NY-City. A rommate, who is not on my lease, just moved out. We had agreed to split 50/50 all expenses in apartment including move-in fees. We put up a pressurized wall to convert a large living area to a rather large bedroom for him. We have lived in new apt since 11/15/03. Verbally we agreed to live together for term of lease. He tells me days before I am leaving for a month, during the Holidays (12/18/03) that he has to move out for some financial reasons. We agreed on 02/01/04. That would give me enough time to find a new roomie. While on Holiday he sends an email that he is moving 1/15/04. He paid for half the month and moved 1/15. He is now asking for full security refund of $1025, plus half refund for the wall. What are my obligations? I am the lease holder. He owes for two phone bills, one electric bill, change of lock, and small damage to wall from nails. I don't feel he is really due anything but did write him a check after he and his belligerent mom entered into my apartment threating to sue me if I did not write a check for the wall and security. I had to have them removed by my security in my building. I would like to cancel the check for the security check that I wrote them. His mom said she would spend $5K to sue me if it meant getting the $500 due for the wall. What should I do? He has bad credit and I would think the same of his family. I have perfect credit and do not want someone like this taking advantage of me. However, I do want to do the right thing.

**A: let it go and move on or else fight it by putting a stop payment on the check and consult a L/T attorney.

 

[1drained04]

I'm fine with that. However, these people really are crazy and I want to know where my leagal rights are in the event I have to go to Small Claims Court. I have the feeling that this is what "they" do for a living. Plus I'm totally annoyed that they thought they could just come in my apt and strong arm me into writing a check.

 

[HomeGuru]

I'm fine with that. However, these people really are crazy and I want to know where my leagal rights are in the event I have to go to Small Claims Court. I have the feeling that this is what "they" do for a living. Plus I'm totally annoyed that they thought they could just come in my apt and strong arm me into writing a check.

**A: ok, I understand.

 

[1drained04]

isn't there some opinion out there on this one?

 

[HomeGuru]

isn't there some opinion out there on this one?

**A: and what sort of an opinion would you like on this one?

 

[1drained04]

well...I thought there would be some insightful advice. It's probably too early? I just feel under pressure bc friends have told me that I don't owe him anything and that I should cancel the check since there is threat to sue me and that until I have a "release" signed from him, I should not give any money, esp when there is still money owed from him.

 

[HomeGuru]

well...I thought there would be some insightful advice. It's probably too early? I just feel under pressure bc friends have told me that I don't owe him anything and that I should cancel the check since there is threat to sue me and that until I have a "release" signed from him, I should not give any money, esp when there is still money owed from him.

**A: and I agree with your friends.

 

[1drained04]

there ya' go...that is what I'm looking for...some sort of hard core advice.

In your "opinion" do you think that the non-lease holder has any rights to what went on and was agreed to in this apartment? Any money paid? The wall in particular is what I am really wandering about. He really feels he is due for half of that expense. I did not tell him to move. He is the one who told me that financially he had to move or he would lose a grant that he receives for housing expenses for falling into some sort of "needy" catagory. He brought all of this on and was prepared to leave me "hanging".

 

[JETX]

"I don't feel he is really due anything but did write him a check after he and his belligerent mom entered into my apartment threating to sue me if I did not write a check for the wall and security."
*** Obviously, allowing them entry considering the obvious contentions was one of your mistakes in this situation. Agreeing to give them a check and doing so is another.

"I would like to cancel the check for the security check that I wrote them. His mom said she would spend $5K to sue me if it meant getting the $500 due for the wall. What should I do?"
*** I suggest you cancelling the check and IMMEDIATELY sending them another one. The second check for be for the amount of the deposit, less your 'damages'. They would include the "two phone bills, one electric bill, change of lock, and small damage to wall from nails".
Include an 'accounting statement' itemizing EACH of the deductions.

Close with a statement that this is a settlement in full of the issue.

Send the check and statement by certified RRR, courier or any other way that will give you proof of delivery. And of course, keep copies of EVERYTHING and take pictures of any claimed damages.

 

[1drained04]

YOU ROCK!!!!! THANKS... I know they will come back with wanting money for the wall, as they did yesterday. Do they have recourse? They threatend to have the wall removed since both of our names (his and mine) are on the wall. however, the wall people said they could not come into my house and take the wall down since my name is the only name on the lease and unless I give them permission to do so. Should I be worried about small claims to half of the wall? We paid in cash (approx $1K) except for $150 for the lease agreement of the wall.

 

[I AM ALWAYS LIABLE]

My response:

. . . and, how do you know they haven't gone to YOUR bank and already cashed the check?

IAAL

 

[1drained04]

It was written late afternoon on a Friday with a Holiday coming up (Monday) so I'm guessing it has not cleared the federal reserve. ???

 

[JETX]

Doesn't matter if it cleared the 'Federal Reserve'. They could have (and probably did) run immediately to YOUR bank and cash the check.
Contact your bank and find out. If they didn't, put a stop pay..... NOW!!

 

[1drained04]

So far check has not cleared. I have put an order in for stop payment with call and fax.
I'm sending new check on Tuesday (certified) with all deductions and copy of bills for ONLY the security that he put up. I am not including any wall expense. I REALLY appreciate your advice/help with this. So you do not think I should worry about the wall part since it was his choice to move...I feel it's like moving into my house and adding a deck and then deciding to move at free will and wanting to take half the deck with... Is my reasoning off, here?