I need some rent/lease help...

[BeerBaron]

So I have this problem...I'm a week from moving back into school with what was supposed to be 3 other people, 2 girls and a guy. I've been really good friends with the one girl since the beginning of our freshman year and I know the other girl pretty well too. Now, this guy was dating the first girl and they broke up this summer. (really ****** situation...)

Now, me and the two girls have each paid our quarter of the security deposit and our first semesters rent, leaving only this guy who hasn't paid either. Well, he swears he's not coming back to school and all this and hasn't paid anything and blah blah blah....it really sucks. So now, in order for me to get the keys to the apartment by next Monday when I plan to move in, I have to send in another check of my own to pay off all of the security deposit. That I'm not too worried about as I have the money to cover it.

What I am really really really worried about is whether or not the 3 of us (me and the 2 girls) will have to pay the 4th guys share of the rent.

That is where I'm looking for anyone who might knows what will happen. Maybe its happened to you or you at least know how it works or something....

None of the 3 of us just have a spare 1600 bucks lying around to pay it. I haven't filled out my student loans just yet though, so if I do have to pay it, I can get it added on there and have the girls pay me back somehow.

Now, we all 4 signed the lease in which it says we agree to pay the 1600 per semester of rent. So by my thinking, we should all be ok and the landlord should have to go after the 4th guy to get him to pay. I would really like to think thats what would happen though I kind of doubt it....and that seems really ****** to me that this 4th guy can just get out of a lease he signed like that sticking the other 3 poor suckers with coming up with his share... I would just ask our landlord but we don't want to tip him off that this 4th guy isn't planning on coming because he could withhold our keys even longer or something until he gets that final share of the rent money, which none of us have right now...it would be a few weeks until I get my student loan refund back from the school before I'd have it...

So if anyone knows how these kinds of things work, I'd really appreciate your sharing. +rep for anyone who can help... :(

[iowatreat54]

ummm depends on the lease...if you all signed one lease, then yes the 3 of you are then responsible for his share if he doesn't pay...and I don't know if you can somehow either force him to pay or take action if his name is on the lease (like legal action idk)...and how did you not pay the full amount for first month rent and deposit already, usually you have to do that up front?

if you all signed separate leases, i.e. each person is only responsible for 1/4th individually and independent from the other 3, then you will not need to make up the last 4th

[BeerBaron]

ummm depends on the lease...if you all signed one lease, then yes the 3 of you are then responsible for his share if he doesn't pay...and I don't know if you can somehow either force him to pay or take action if his name is on the lease (like legal action idk)...and how did you not pay the full amount for first month rent and deposit already, usually you have to do that up front?

if you all signed separate leases, i.e. each person is only responsible for 1/4th individually and independent from the other 3, then you will not need to make up the last 4th

hmm...yeah, we're all on the same lease....and that really sucks that he can just sign it and then bolt. I don't know about how we got away with not paying up front, and its for the first semester and not a month, but like I said me and the two girls have already paid up our shares of everything.

but yeah, this is just what I was afraid of.....I guess I'll be paying back a lot more in a few years time eh.

And idk about going after him for the money like with a lawyer and stuff. Probably by the time we got done paying a lawyer and all the court costs crap, we wouldn't get enough of the money back to make it worthwhile anyway.

This all reallly sucks......

[iowatreat54]

I don't know if a semester rent payment is different than a month to month rent payment, I assume it's generally the same, but still, if his name is on the lease then you should be able to hold him accountable for it...the only problem I can see is that the lease does not specifically say how much each has to pay, i.e. if the rent is $2000 then technically you could pay $1997 and the other 3 pay $1 each, so it doesn't specifically say you all have to pay 4 equal amounts or specifically require any one person to pay, as long as the total rent is paid they don't care...again, I don't know if you could do anything to force him to pay or drop him from the lease but my best guess is that there should be something you could do

[BeerBaron]

I don't know if a semester rent payment is different than a month to month rent payment, I assume it's generally the same, but still, if his name is on the lease then you should be able to hold him accountable for it...the only problem I can see is that the lease does not specifically say how much each has to pay, i.e. if the rent is $2000 then technically you could pay $1997 and the other 3 pay $1 each, so it doesn't specifically say you all have to pay 4 equal amounts or specifically require any one person to pay, as long as the total rent is paid they don't care...again, I don't know if you could do anything to force him to pay or drop him from the lease but my best guess is that there should be something you could do

I don't have a copy of it right here but I definitely recall seeing that we would each owe $1600...I'm almost sure of it. That would be real nice if we could get him to have to pay it... I'm still not counting on it but my spirits are raised a little, lol. thanks man...I'd +rep but it tells me I have to spread some so itmight be a little bit.

I'm still all ears to anyone else who might know more

[iowatreat54]

I don't have a copy of it right here but I definitely recall seeing that we would each owe $1600...I'm almost sure of it. That would be real nice if we could get him to have to pay it... I'm still not counting on it but my spirits are raised a little, lol. thanks man...I'd +rep but it tells me I have to spread some so itmight be a little bit.

I'm still all ears to anyone else who might know more

no problem, if it says in writing how much you each owe or whatever then he 100% is accountable for his 1/4 and unless he finds someone to sub-lease it to then he has to pay it and the other 3 of you should not be held responsible

[BeerBaron]

no problem, if it says in writing how much you each owe or whatever then he 100% is accountable for his 1/4 and unless he finds someone to sub-lease it to then he has to pay it and the other 3 of you should not be held responsible

I'm 99% sure it said something like that in there... It was on the same page where it said what we owed in the security deposit, I'm almost sure of it...

Thats good news if I'm remembering correctly

[thule]

I'd be willing to bet a fair amount of money you guys are SOL.

If you all are on the same lease, it is basically just an agreement of payment.

The landlord wouldn't have anything in the lease about specific people paying any amount...why would they?

From a landlord perspective either the rent gets paid or it doesn't.

Your best bet is just finding a 4th roommate...there are tons of people looking to get into a place...check local papers...college websites...or craigslist.

But as far as getting your 4th to pay or the landlord going after him...plain and simple it's not going to happen.

But you live and you learn...I garuntee you won't let stuff like this happen to you again....I was in a similar situation a couple of months ago...except I woke up one day and my roommates stuff was gone....I asked them what was up and they said they were done moving there...so I had to beg and plead with the landlord to only get 2 weeks notice...luckily I had a good relationship with them...and we made it alright...but your always accountable for the whole amount regardless.

One last thought I'm having....is there a 3 bedroom available in that complex that perhaps is opening up...that your landlord could transfer you into...that would make the most sense to me...but I have no idea of the occupancy level where you will be living...and since you make it sound like a college residence...it's probably been booked for quite sometime.

[drowe]

it's a tough situation. most people i knew in college had some sort of rent/housing fights with people that are similar to your situation. it happens. it's college. the best laid plans...people are always gonna flake out or flunk out. but, what you have to keep in mind:

landlords that rent property near campuses are notoriously unethical. it's probably not a coincidence that you're all on one lease. that way he can hold you all accountable no matter what 1 or 2 tenants decide to do. if you were all on seperate leases, the landlord would have to hunt down the guy and get his money. now, all he has to do is pound on your door and threaten to kick you out if he's not paid in full.

my prediction: you 3 are absolutely gonna be held responsible for this guy's share.

my advice: post flyers and find a new 4th man to cover his share, or work out a compromise with the old guy where he at least pays part of his share since he is f'ing you in the a.

[bsaza2358]

The landlord doesn't care who pays, as long as the rent is paid. You guys are all separately responsible for the entire rent payment. If the dude doesn't pay his share and you guys don't either, the landlord can evict you guys for nonpayment of rent and go after you all separately for the entire amount owed. Technically, your absent roommate will be on the hook. However, since he isn't moving in, it's not really his problem. He would only be brought into it if there is a legal issue over rent or care of the property.

However, as a named tenant on the lease, he does have responsibility (in my mind) to pay his share of the rent until you guys find an appropriate replacement. I would start building a case against him by sending letters advising him of his contractual requirement, as he signed the lease. It is up to him to help contribute towards rent until you guys can find someone else. If he fails to do so, you can easily sue him in small claims court for his share of the rent that he didn't pay.

[BeerBaron]

Thanks for the help guys. Its pretty much certain now that this guy has no plans to pay and won't be moving in...

The solution for right now is to pay off the full security deposit to get our keys and then pay his share once our student loan refunds come in from the school....hopefully we get that much time to do so because that can be a week or two after school starts sometimes....

[awfullyquiet]

bzaza's got it right. pretty much.

i'd also scan craigslist if i were you.

[Damix]

If you acted as guarantor for each other then you pay it. If not, they'll go after him and his guarantor (probably his parents)

[iworshipbender]

How about you get a cheaper place to live?

[iowatreat54]

How about you get a cheaper place to live?

$1600 = semester's rent and security deposit...semester is about 5 months, deposit is at least 1 month prolly, that's like $270 a month, yea, pretty expensive :rolleyes:

I hope you meant find a new place that's 3 people, which prolly won't be cheaper just no responsibility for a 4th