Seeking Legal Advice on my Roommate

[rcrawford855]

What is the name of your state (only U.S. law)? Ohio

So, me and my roommate had agreed between ourselves that we would split the rent, utilities, and groceries evenly. And, I'm well aware that not getting this roommate agreement in writing (i.e. a legally binding contract of some kind) was a huge mistake. Now, It's been 4 months since he's paid his part of the rent, he's lied to me about paying the utilites, so now our gas has been shut off until the balance on the account is paid, and he owes me over $2000 in rent and utilities alone, that I've paid, either in full, or above my portion that I'm supposed to be responsible for, and I'm having trouble trying to find a way out. I can't keep living like this... it keeps getting worse every month. Soon, I won't have enough money to feed myself, let alone not get evicted, or keep the lights on.

I talked with my landlord, as per advice that I saw online due to my own research. My landlord has denied any kind of special deal on getting me out of my lease, other than by the official company policy, which is that I have to pay $300 to terminate the contract early (which I don't have) and then I will have to pay the rent that I was already paying (which I can't afford) until the apartment is taken. I don't know anyone looking for a place, so it's mostly pointless. My lease is up at the end of the year, December 31, 2017, but I don't know how long I can do this.

So... I was wondering if anyone had any advice for me? Some kind of law that I'm not aware of? Or perhaps, some general rules that normally apply to contracts like this that would allow me to leave without paying the remaining 3 months' rent? I have a place that I can go whenever I'm able, but the problem is becoming able to leave...

I mean, I could move out, cancel all of the utilities and services under my name, but I'd still have to pay rent, in a place that I won't even be living in... it's mildly cheaper, but in my other place that I can go, the jobs are a lot less lucrative, so even cutting out the utilities, I'd still be way behind all the time...

I know this is a situation of my own making, and if there's nothing I can do... well, I guess I'll accept the consequences, but.... I just want to know if there's anything I can do at this point...

 

[HRZ]

ORal contracts are enforceable...but it's up to you to prove the details ....if at least in beginning he performed as per contract it would go a long way to back up,there was such a deal...

The basic option I see as an old LL is that it's up to you to sue RM for his share of contract then struggle the THe collection issues if you prevail..

NO short easy solutions .

 

[rcrawford855]

ORal contracts are enforceable...but it's up to you to prove the details ....if at least in beginning he performed as per contract it would go a long way to back up,there was such a deal...

The basic option I see as an old LL is that it's up to you to sue RM for his share of contract then struggle the THe collection issues if you prevail..

NO short easy solutions .

In the beginning, things were rough because I didn't have a job... but we came up with the agreement verbally after I started working. For several months, I have cash deposits on my account, and then I would pay the rent in full from my own account, by either credit card or check. Would that be sufficient proof? As far as other bills go, we had an agreement about them, as well, where some of the bills were his responsibility (gas, water) and some were mine (electricity, internet). I don't have physical proof of the transactions on my end like a paper bill or a duplicate of a check... but I could most likely ask for a transaction history from my bank that would show that I did pay these bills.

I know it's probably going to be incredibly difficult to pull off... but I intend to get back what he owes me if this is enforceable. I didn't expect a quick fix... I knew this would be a challenge before I posted, because the situation is bad. I know that.

I just don't know how much of a solution this is. Because, after we go our separate ways, My roommate is paying child support - the wage garnishments from that are part of the reason he can't pay the bills right now, and he's also got his ludicrously expensive phone contract, that he's locked into. This is just one more thing that he's claiming is keeping him from actually paying his part. And, correct me if I'm wrong, but if he files for bankruptcy, I don't get anything from then on, correct?

And I know it sounds greedy.... but friends don't do this to their friends. I got into this willing to give my fair share. I disclosed any and all known debts and/or payments that I would have to make beforehand, and I told how much they were, and how often I had to make them. He did not disclose any of this information for me to assess whether or not we should properly be roommates.... I don't know if it's relevant, but it's something I figured I ought to share... it seems important.

 

[justalayman]

So... I was wondering if anyone had any advice for me? Some kind of law that I'm not aware of? Or perhaps, some general rules that normally apply to contracts like this that would allow me to leave without paying the remaining 3 months' rent?

You need to understand you have two totally seperate contracts: the lease with your landlord and the verbal contract with your roommate. Neither contract has any effect on the other. Nothing you have posted concerns the lease with your landlord other than you have a lease with your landord. The only contractual issue you have is with your roommate.

Given what you have said about your roommate I wouldn't expect to ever recover what you're owed. Judgment or not, if he doesn't have money to give or for you to take, you can't collect.

What your best options are going to be whatever it takes for you to get beyond this. Nobody here can really answer that for you.

 

[rcrawford855]

You need to understand you have two totally seperate contracts: the lease with your landlord and the verbal contract with your roommate. Neither contract has any effect on the other. Nothing you have posted concerns the lease with your landlord other than you have a lease with your landord. The only contractual issue you have is with your roommate.

Given what you have said about your roommate I wouldn't expect to ever recover what you're owed. Judgment or not, if he doesn't have money to give or for you to take, you can't collect.

What your best options are going to be whatever it takes for you to get beyond this. Nobody here can really answer that for you.

Yeah, I figured it was something like that. Judging by how my landlord reacted, I was pretty sure that she'd seen this one before. And knew EXACTLY what to say. She didn't say anything about contracts, verbal or otherwise, but she knew that she was just going to have to tell me there's nothing she can do.

I tried this forum knowing that there may be no way to fix this other than waiting it out and getting my own place in January.... But, I figured there's no harm in asking.

I figured, maybe for once I could catch a break.

Deep down, I'm pretty sure I knew that would never happen.

 

[HRZ]

PS it may not be as simple as waiting it out ....some leases hold your feet to fire until the entire unit is surrendered..and if your RM squats in unit it may be your problem to get him out so the rent meter stops .