Roommate is not paying their rent!!!

[spud.livejournal.com]

I live in a house with two other roommates. The three of us were on a lease from Dec '07 through Dec '08, and have simply been tenants-at-will since then. We each pay our share of rent individully to the landlord, but my understanding is that we are responsible together for insuring that rent for the apartment is paid in full.

We received a note on the door yesterday from our landlord saying that he would like a call concerning ROOMMATE #3's rent. My other roommate called him back and learned that ROOMMATE #3 was late on this months rent, AND had not paid last months rent either. ROOMMATE #3 has also been eating our food when we are not around, and has not been paying utilities on time.

The kicker here is that ROOMMATE #3 is the ONLY member of the household with a job, and he makes good money. (Corporate Web Developer) :\

Our landlord would love to see this person go, but mainly, he just wants his money. That means that it becomes the responsibility of the other roommate and myself (the unemployed ones) to cover this gap, which is obviously difficult if not impossible for us to do.

I would like to know if anyone has been through a deadbeat roommate situation like this before, and has any words of wisdom on the legal ramifications involved. We know that we can't just kick the deadbeat out, and we don't want to loose this apartment either! (We like it here, and we have a pretty good report with the landlord since we stopped throwing late night parties a year ago!) We would love to get rid of this deadbeat!

Any helpful advice would be greatly appreciated!

Thank!

Comments

[ron_newman]

If you arranged to send him (perhaps anonymously) a copy of this post, would that be enough to shame him into catching up on the late rent and utility payments?

[spud.livejournal.com]

Unfortunately, I doubt that would shame him enough. He has been, for the most part, easy to deal with until recently. He usually comes home from work, heads into his bedroom, and then smokes-up and drinks until he falls asleep. We only see him on the rare occasion when he's heading from his bedroom to the front door, or when he heads to the fridge to grab another beer. In a typical two-week period, I may see him three times in passing, at the most.

[icecreamempress.livejournal.com]

I would encourage the landlord to talk with Roommate 3 directly.

[spud.livejournal.com]

The landlord has tried to reach him, but the roommate is neither answering or returning the calls. He hasn't answered any emails or messages from my roommate either.

[oneagain.livejournal.com]

Were it me, I would put in a call to his boss...but I'm confrontational that way (ok, I might let him know he has 24 hours to pay up, or that I was calling his boss, and I would let him know that if that was not enough to make him cough it up, I would be certain to find something that would. YMMV).

[spud.livejournal.com]

Heh... tempting, but that could blow things up far worse. There is a short list of these sorts of items that has already been created, so I'm adding that one to the list! :)

[sparkgrrl658.livejournal.com]

i had one more thought - did anyone cosign with him when he signed the lease originally? just curious to whether he has parents or someone like that you could call if this drags on and he continues to hide from you guys. a shitty course of action but maybe someone that could ensure he gets his ass in gear or, legally would be responsible.

[spud.livejournal.com]

No co-signer. I have met his mother once, albeit briefly, and I don't believe that his family is too far away.

[hikermtnbiker.livejournal.com]

As you have already mentioned, you are all 3 responsible for the rent, so as long as #3 does not pay, #1 and 2 have to make up the difference. It is not the landlord's responsibility to chase #3. If the landlord get shorted long enough he will simply ask you all to leave. (I don't know if he can evict a single tenant in a group situation). Probably best if you simply ask #3 to leave. If he is not paying anyway, what have you got to lose? It also sounds as if he has some developing personal issues that could become worse.

[spud.livejournal.com]

I guess what I would like to know is if anyone has any info on how my roommate and I would legally go about kicking our roommate out if he doesn't resolve this issue fast. That is the biggest concern right now.

[serious-noir.livejournal.com]

Well that sucks - but instead of waiting for a chance meeting in the kitchen or wherever, why not just knock on his bedroom door and ask what gives? (before the nth beer...). Better, you and the 2nd roommate do it together, and ask him what is going on.

He has to have some clue that non-payment of rent results in consequences eventually...

I'd suggest avoiding drama/confrontation as long as possible- cornered people tend to lash out, however iffy their position.

[spud.livejournal.com]

The problem there is figuring out when he is actually home. Sometimes he comes home after work... sometimes he shuffles in around 1am. Right now, he's not here, and we usually don't hear him when he comes in.

I've propped his bedroom door open though, so if it closed at some point, we'll know he's home.

[cn-i-crash-here.livejournal.com]

The roommate may deserve that, but unfortunately it also gives him solid grounds to sue for illegal eviction.

[tamalinn.livejournal.com]

Your landlord could evict only your roommate. Last year two of my roommates and myself had an issue with our fourth. It wasn't that she wasn't paying rent, though. But she was engaging in behaviors that could've put us, the apartment, and the building at risk. We called our landlord and told him what was going on. He issued her an eviction notice the next day.

[sparkgrrl658.livejournal.com]

the thing is,
a.) this landlord has, in the past, evicted an entire apartment for one (and maybe 2) person's screwups.
b.) if he does evict just the one guy, the other two are still on the hook for the rent which, on unemployment wages isn't the most feasible.

My bet: He lost his job.

[nvidia99999.livejournal.com]

And has not told any of you.

Re: My bet: He lost his job.

[mattdm.livejournal.com]

Yeah, that was my thought too.

[phoenixy.livejournal.com]

Yes, evictions are a huge drawn out pain in MA--but guess what, if you are a tenant-at-will, the landlord doesn't have to go through the eviction process. They can just refuse to renew your monthly lease with 14 days notice, and kick you out. That is what your landlord should (and will) do to roommate #3, and maybe the rest of you, if you don't get the entire rent paid.

There are basically two potential paths here. In path one, you somehow coax roommate #3 into being a productive, rent-paying member of society. That path does not really require our advice.

Path two is where roommate #3 continues to be a deadbeat. Talk to the landlord immediately about your options. If you want to replace roommate #3 and stay where you are, let the landlord know that that is your plan. If you can't pay roommate #3's share of the missing rent, perhaps you can negotiate with the landlord for a payment plan, or to pay a percentage of it.

I have no advice on how to forcibly wring the money out of roommate #3. Unless you three signed a contract between yourselves about how you would divide the rent, you probably have no legal basis for getting the money from him.

[cn-i-crash-here.livejournal.com]

LL or roommates may be able to start legal eviction proceedings after 14 days, but that process can be long and painful, if the tenant fights it.

[dimers.livejournal.com]

I had to deal with the same sort of situation earlier this year -- tenants-at-will, one out of three wasn't paying, the landlord had no intention of specifically evicting one person. We ended up just getting rid of him as quickly as possible so as to try getting someone else in. This was accomplished by filing in small claims court; our court date was set for about a month after filing. Apparently small claims has the authority to garnish wages. We didn't follow through on the court case because (A) the deadbeat left quickly after that, (B) I was too depressed at the time to do much beyond eat and sleep, and (C) the other paying roommate was out of town for a whole month, including the court date. So I can't tell you how effective or easy a small claims case might be ... just wanted to mention the option.

[skexy.livejournal.com]

I believe; not being able to work things out; you would be forced to cough up fo him; but then you would have a case to sue you roommate for reimbursement; worst case. And I would expect you would have a case against him; but make sure if you and your other roommate pay his share of the rent; the landlord knows where its coming from, has receipts, and can testify on your side. As cosignees you are responsible for getting the money to the landlord; that doesn't mena your roommate's off the hook if you wind up having to cover his ass.

[pinkspudbrit.livejournal.com]

you guys need to cover the rent for the months where roommate #3 is delinquent.

then take #3 to small claims court (or at least embarrass him and his family by threatening to do so).

awhile back, one of my roommates was responsible for sending the collective rent check to the landlord. instead she spent it and started sending the landlord bad checks. he was unhappy, and while he sympathized with the fact that she was a loser, he still wanted the rent money asap. my other roommate and i had to cover everything, and then we called the girl's parents (because they co-signed), told them about their idiot daughter and how we planned to take her to small claims court if the matter wasn't resolved quickly. if roommate #3 continues to be elusive, really embarrass him and his family at the same time!

[cn-i-crash-here.livejournal.com]

I think that's excellent legal and practical advice.

It's also wise because this roommate seems to have psychological issues, including addiction. For the sake of the OP's safety and sanity -- and for the roommate's sake too, if that's important -- a person with such sensitive issues should only be confronted by those closest to him if at all possible.

[closetalker11.livejournal.com]

I also agree that it sounds like he lost his job, or that something else has happened (especially with the uptick in drinking/smoking/being shady). You need to confront the guy directly, b/c you won't know what's going on until then. It sounds like this dude may need some other help, too; not that it's your responsibility to deal with that.

It sounds like you have been, but be honest w/the landlord, and keep him up to date. Keeping him involved in the process, and letting him know that you're trying to resolve the situation, may buy you some time/leniency from him.

In the meantime, if you're looking for legal solutions, you can try calling the Boston Bar Association. They have a Lawyer Referral Service, whereby they can refer you to a attorney who deals with this kind of stuff, and their first consultation costs $25 or less. They also have a listing of organizations that provide free or reduced-fee legal services. Also, there is a legal hotline open a few hours a day, run by the Legal Advocacy and Resource Center, which you can call in to for quick legal advice

[redcolumbine.livejournal.com]

You could start with telling him to look for another place, without force of law behind it, every time you remind him to pay his rent & bills and leave your food alone. Let him know that if he doesn't straighten up and fly right, he's no longer welcome. I've actually seen that work. If there's no change, let him know you're seeking legal avenues. He doesn't seem like the sort who could be embarrassed into anything (diminished social responsibility) but nobody likes being constantly hassled. Ask for status updates every day - you and your housemate both, don't let Slacker play you off against each other or tempt one to drop the ball - and don't let up.

[plumtreeblossom.livejournal.com]

I agree with this. The two unemployed-but-responsible roommates shouldn't have to assemble a legal team behind them to get this guy to shape up or ship out. I've seen household enforcement of expectations work, too, many times, with no legal assistance required.

I think the two other roommates should together outline their pay-or-go requirement to the deadbeat, on a daily basis until either he has paid or vacated. If he won't open his bedroom door, they should say what they have to say right through it.

In a situation like this, I think that peacekeeping is a lot less important than keeping a roof over the heads of the other two roommates. Without jobs, they'll have an awful time finding another place. I agree, they should not let up on him.

get some legal advice

[yagagriswold.livejournal.com]

http://web.mit.edu/housing/och/legal.html#orgs

[tt02144.livejournal.com]

Legally, I believe, what it will all come down to is what, if anything, is in writing? Is the apartment under one name or all three? Do you have a WRITTEN agreement with the 3rd roommate? If you don't have a written agreement with him, detailing the portions of rent and utilities he is responsible for, I'm not sure you'll be able to force him to pay. And if the landlord only lists one name as the leasee of the apartment, you may also be out of luck. If you do as some suggested and called his employer or his family you could be in for a world of legal troubles, not to mention revenge that roommate #3 could potentially take. I'd be wary of confrontation. He could just have lost his job and be scared, or he could be unbalanced in which case anything could happen.

[secretlyironic.livejournal.com]

I strongly recommend, in the future, getting a written agreement between various roommates, separate from the lease. That way you have a formal agreement detailing just how much they're responsible for, and what the rules are for nonpayment.

It may not prevent fighting over this sort of thing, but it will make it easier for everyone to acknowledge where the argument starts.