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Voluntary Eviction

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T

thisiscrazy

Guest
What is the name of your state? MA
I want to be voluntarily evicted. My roommate has done somw very aweful things to me and also stated that he wanted me the hell out of the apartment, so I moved and in turn broke the lease. When I found someone who liked the apartment and might have taken over my portion of the lease, he refused to meet the person, and refuses to get another roommate...he thinks he can still live in the apartment and just pay his half. SO anyway, I moved to another apartment, and spoke to the realtor who stated that he told the landlord to start the eviction process for both of us. Since I do want to get evicted (I am already gone, but I want out of my lease b/c my psycho roommate and the landlord not willing to do anything about it either) when the time comes to go to court, is there a such thing as voluntary eviction, and what do I do when I get to court?
Thanks!!!!
 


FarmerJ

Senior Member
This Just make sure the LL knows where you are with new address . If you didnt send LL a letter with your new address send letter certified or registered .
 
T

thisiscrazy

Guest
For my safety, does he have to know my new address? I do not want my old roommate to know where I am, and he is still living in the apartment I left, and my landlord lives in in the same building...Just wondering.
Thanks!!!
 
I'm not clear on why you want an eviction on your credit report or part of your rental history?

An eviction does not let you off the hook. An eviction means that you failed to uphold your end of a legal agreement and the landlord is using the court to regain possession of his property and get a judgment for any money that is owed him.

Is this what you want?
 
T

thisiscrazy

Guest
Basically that is the only way out of the lease. My old roommate will not let me get someone to fill my spot, he will not find someone to live there to take my spot, and my landlord wants his $1500/month rent. I tried to get someone in there so we would not have to go through all of this, but my roommate hates me so much, he wants to try to make me pay for not living there while he has the apartment all to himself.

Any other suggestions??? I would appreciate any advice since I have never gone through this before.
 
Q

quirk

Guest
I think it'd be worth your time and money to talk it over with a lawyer. You are really in a potentially bad situation here.

Most likely, your lease says that you and your roommate are "jointly and severably" liable... this means even though he's there and you're not, if he doesn't pay rent and/or damages, the landlord can legally come after you for all the money, yours and his. Of course, they also can go after him for your share. They will try to get it from both of you and see who cares about their credit rating badly enough to pay up first. Once the apartment is vacant, they are legally required to attempt to rerent it, and you'll be responsible for only their lost rent until that happens. So, the sooner you can get him out, the less unpaid rent you'll be responsible for. But you are potentially on the hook for a lot of money, and a bit spent on a lawyer now might be a good investment.

There's a good chance you are right and you'd be better off getting evicted now and being able to cut your losses at a certain point earlier than the lease's normal expiration. However, technically, the whole point of eviction is that it's a way to get rid of a tenant that won't voluntarily leave, so I think the answer to your question is, no, there's no such thing as voluntary eviction. Probably the best you can do is show up in court and support everything the landlord says as a reason to evict you and roommate. "Yes, your honor, we do owe rent. No, your honor, if we're not evicted, we won't pay up. Yes, your honor, we are quite disruptive to the other tenants, and will continue to be that way until we are forced to leave." But, seriously, talk to a lawyer first.

If you want landlord to be able to contact you without giving away your new address, rent a PO box for a month or two. Or ask that correspondance be sent to your work address, if that's a possibility. I agree 100%, if you feel your safety is at issue, don't give out your new, physical address.

Good luck.
 
T

thisiscrazy

Guest
Thank you both for your advice. I did not know that eviction shows up on your credit report, which would stink for me since mine is really good right now. I just don't know what other options there are.
Thanks again!
 
Q

quirk

Guest
The eviction per se may not show up on your credit report (I'm not sure about this), but if there is any money judgement, that will definitely show up. If the eviction is for non-payment, then there certainly will be a money judgment. What happens if the eviction goes through and then you immediately pay up any owed money to the landlord, I don't know. More reasons to get a lawyer. Maybe even have one show up in court with you. Just be sure the lawyer understands your primary goal is to get away from roommate, secondary goal is protect your credit, and you're not interested in fighting the eviction, because that will be a bit unusual.

In your last post, the landlord/realtor was trying to work with you. Is this still the case? Maybe they would be willing to talk to you and your lawyer to try to work out the best way to approach the issue for both you and them?

I don't know of any other options for you. Unfortunately, you made a bad mistake when you picked your roommate, and you are suffering for it. Better bad credit than an unsafe living environment.
 

JETX

Senior Member
You've gotten some generally good advice, and I would offer the following:

By deciding to resolve your problem the way you have, you could have two problems.... one by your former roommate, the other by your former landlord. Which party could take action against you depends largely on the answer to the following:
"is the landlord currently collecting the full rent on the property?"

If yes, then it is obvious that your former roommate is paying all of the rent. And if he is, then he could take you to court after the lease expires and try to recover his 'damages' (money paid as a result of your breach) from you. Personally, this is the better of the two scenarios, since you have a chance to explain the cause for your breach and his involvement in it. Further, the former roommate has an obligation to 'mitigate' his damages. This means that he has to make a reasonable effort to replace your 'lost rent' by bringing in another roommate.

However, if the landlord is absorbing the monthly loss (unlikely), then the landlord would have a good case for breach against you. And since the landlord was not a cause of your breach, you would lose that part of your defense. Again though, the landlord would have to show that he tried to mitigate his damages... usually by eviction of the 'breach' tenants.

In either case, there is presumably a good chance that you will be part of a legal action by someone, so I would suggest that you start now to create your defense. Send both parties (landlord and roommate) certified RRR letters detailing your no longer a tenant and give some general reasons (don't give too much.... you might need some 'hole cards' for your defense). If you have a real concern for your location, get a PO Box for a few months (they are cheap) and use that as your return address.
 
T

thisiscrazy

Guest
This is definitely more complex than I thought. Right now, I paid for October, but as of November 1st, I will not be paying any longer for that apartment.....since I was hoping to have someone in my place. My former roommate really has it in for me, and I think will try at all costs to see me suffer even though he has done a lot of things to me, which are all documented, even as so far as a police report. It sounds/seems like it could get messy from all of your advice, and what possibility could happen.
Very good advice form all of you! I have a starting point now, and I guess I will be calling a lawyer referral service.
Thanks!!!
 

JETX

Senior Member
One other sugggestion since this is a current situation.

Your early post says that you 'might' have found a replacement. Make a written list of any and all persons that you feel would make qualified 'potential' roommmates (don't just make up names, only include ones that have expressed a valid interest or are currently looking for a new roommate). One option is to look in your college or local newspaper for 'roommates'. Then, compile your list and give a copy to the roommate... headed something like, "Here is a list of potential roommates that could take my place on the lease. It is incumbent on you to mitigate your damages by interviewing and locating a suitable roommate." and date it. Keep a copy. If you do wind up in court, it could be important that you document your 'offerings'. And if you really want to formalize, send a copy to him/her by certified RRR.
 
T

thisiscrazy

Guest
I actually paid a roommate service for a month to find someone to fill my spot. And I am actually looking for a nice person, I am not being vindictive and trying to get a "bad" person to move in there. He decided that he does not want anyone to take my space, which I think is vindictive, and now why should I be liable if I am doing anything I can to fill my spot. He decided that he is not going to look for a roommate himself, which I was going to find the person and have them meet him. And he wrote me a letter telling me to get the hell out, so again, all these things point to him being a vindictive and not-cooperative person, and why should I be liable for his actions......If he tells me to get the hell out, and I do, I see it as he is saying he will take over the lease.....justs my thinking.
Thanks again for the advice. This is definitely very helpful.
 
Q

quirk

Guest
It actually sounds like you have a very good case--- against your roommate. None of this takes away your responsibility to the landlord, though. Sounds like you don't have a credit problem... yet, and hopefully not at all. Since you're current on rent. Your main problem will be if roommate doesn't get out, doesn't pay full rent, and doesn't care about his credit enough to pay up. If they can't get the money from him, the landlord can still legally get anything they're owed from you and if you don't pay, your credit will suffer. With all your evidence, you could probably pay up anything owed to the landlord by the time this is all done and then sue roomie to recover your costs, but I doubt you want to do that unless there's serious money involved since it prolongs the experience of having him in your life; anyway, getting a judgment is one thing, collecting is something else entirely.

Sounds to me like you're doing all the right things. Continue to document everything you can, and cross your fingers and hope the ll can get rid of roommate as quickly as possible. And keep communication going with the landlord. You want to keep on their good side, it will only help you.
 

FarmerJ

Senior Member
I said what I did about a mail addy because any legal action taken you need to be aware , say the ex roomate doesnt pay rent and LL files eviction you need to know about it , so should you wish to preserve a good credit rating to negotiate settlement with the LL after the unit is vacated even in it was court ordered . Any letters you had like the last one you mentioned that the roomate wrote save it and if it came in a envelope save that too . IT could be of benefit to you in court and any comunications with the LL and the former roomate be in writing if you wish to atleast make sure that your letters to them get to them use certified mail. with return reciept OR at the very least what the post office calls certificate of mailing ( what that does is gives you a recpt showing that you sent letter to the listed person no one must sign so it cannot be refused ,
 

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