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  • #1

    Help

    Hello all

    I am a bit in a bind. My roommate left without getting on the lease (he is in france now, will be in Canada on the 1st of Aug). He hadn't intended to not get off the lease, he just procrastinated, and when he went to get off the lease (the day he was to fly out of the country), I was gone at a conference and couldn't sign the form to get him off the lease.

    So I can't put anyone on the lease until he get's off, this isn't such a big deal because it will take me a couple weeks to find someone.

    However, someone else is searching for a roommate, and if I can get off the lease (give my 30 day notice before Aug 1) I can start a lease with him. (I am on a month to month lease)

    I was on the lease before before my roommate, and payed all the deposit (a large sum of money). If he isn't off the lease, the deposit check gets written in both our names (which makes it hard (impossible without him there?) for me to cash). For him to get off the lease, a letter must be mailed to him, notarized (and him sign it) and then mailed back. This is impossible to be done before Aug 1 (also, he is lazy, and it might be hard to do in France).

    The guy who is looking for a roommate offered to allow me to move in with him in sept, and that he would pay the whole sept. rent if I sign the lease with him. This causes me to spend a lot more money then I would prefer though.

    Anyways, what can I do to get my deposit back and move in with this guy? Should I just give up on it, and start looking for a roommate who can move in in mid Aug? (or even Sept)?

    Jon Miller
    Jon Miller-
    I AM.CANADIAN
    GENERATION 35: The first time you see this, copy it into your sig on any forum and add 1 to the generation. Social experiment.
    Tags: None
  • #2
    If you're on month to month, why you wouldn't get your part back? The world traveller is liable it seems to me.
    Life is not measured by the number of breaths you take, but by the moments that take your breath away.
    "Hating America is something best left to Mobius. He is an expert Yank hater.
    He also hates Texans and Australians, he does diversify." ~ Braindead

    Comment

    • #3
      Oh, he is definitely liable.

      The issue is to take care of things quickly and cleanly, with minimal fuss.

      There is no documentation that he didn't pay me for some of the deposit, so the check (if he is still on the lease) would be written in both of our names. And the understanding of the rental office is that we would both have to be there to cash it.

      JM
      Jon Miller-
      I AM.CANADIAN
      GENERATION 35: The first time you see this, copy it into your sig on any forum and add 1 to the generation. Social experiment.

      Comment

      • #4
        Then cut your losses and say goodbye.
        I've yet to get a deposit back. It's kept to paint, clean carpet, things like that.
        Life is not measured by the number of breaths you take, but by the moments that take your breath away.
        "Hating America is something best left to Mobius. He is an expert Yank hater.
        He also hates Texans and Australians, he does diversify." ~ Braindead

        Comment

        • #5
          the normal deposit was 280, they were afraid that I wouldn't keep with the lease, so asked for 780 from me. I expect it to more then cover all things.

          Also, before my roommate I did nothing to the place. After my roommate it is still pretty good.

          JM
          Jon Miller-
          I AM.CANADIAN
          GENERATION 35: The first time you see this, copy it into your sig on any forum and add 1 to the generation. Social experiment.

          Comment

          • #6
            If you aren't given all of the deposit back, you have the right in most jurisdictions to request receipts for what it was spent on. It CANNOT be spent for painting or cleaning the carpet (normal wear and tear).

            Many jurisdictions, like Chicago, require the landlord to proactively give you said receipts, or else forfeit any right to hold ANY of the deposit (plus interest).

            Basically... if your landlord does not give you your deposit back, and there's no glaring reason for it [like you trashed the place], tell him/her you're taking them to small claims court. If he/she doesn't give it to you on the spot... take him/her to small claims court

            Jon, in your case... you're pretty much screwed, sorry. The rental agency is 100% correct that you and your roommate will have to be present to cash the check. It's possible your bank could accept it, but unlikely, if he cosigns it not in their presence.

            The best bet would be to have him fax over the permission to let you have the deposit, and get him on the phone... but it's entirely up to the rental agency, is my guess, if they let this happen or not...

            It's also possible some of the shadier check cashing places would accept it, but I doubt it, not in a big city anyway.
            <Reverend> IRC is just multiplayer notepad.
            I like your SNOOPY POSTER! - While you Wait quote.

            Comment

            • #7
              They want it mailed, they said they wouldn't do it faxed.

              Note that I can't move someone else in until he moves of hte lease. Right now I am thinking about telling the guy I can't move in and looking for a roommate. I still need my exroommate off the lease though.

              JM
              Jon Miller-
              I AM.CANADIAN
              GENERATION 35: The first time you see this, copy it into your sig on any forum and add 1 to the generation. Social experiment.

              Comment

              • #8
                The best thing I can tell you is to not listen to Oerdin.
                Life is not measured by the number of breaths you take, but by the moments that take your breath away.
                "Hating America is something best left to Mobius. He is an expert Yank hater.
                He also hates Texans and Australians, he does diversify." ~ Braindead

                Comment

                • #9
                  Why can't you just get off your current lease? At that point it would be your former roommate's problem and not yours.

                  And why can't he just mail in the form, if mail is acceptable? It's not that hard... there are things called air mail nowadays...
                  <Reverend> IRC is just multiplayer notepad.
                  I like your SNOOPY POSTER! - While you Wait quote.

                  Comment

                  • #10
                    oh, he can

                    and that is probably what we will do

                    but for me to start rooming at another guys apartment at end of august, my roommate needs to be off the lease by wednesday, or I need to be able to cash a check with both our names on it

                    we both have to sign to give 30 day notice if we are both on the lease

                    JM
                    Jon Miller-
                    I AM.CANADIAN
                    GENERATION 35: The first time you see this, copy it into your sig on any forum and add 1 to the generation. Social experiment.

                    Comment

                    • #11
                      A letter can get from here to there by then. Which would you rather do, lose the deposit or pay FedEx?
                      "In the beginning was the Word. Then came the ******* word processor." -Dan Simmons, Hyperion

                      Comment

                      • #12
                        I doubt you legally have to give notice together... certainly you should be able to give notice on your own, anyway. We're not 1910s russia...
                        <Reverend> IRC is just multiplayer notepad.
                        I like your SNOOPY POSTER! - While you Wait quote.

                        Comment

                        • #13
                          Originally posted by Koyaanisqatsi
                          A letter can get from here to there by then. Which would you rather do, lose the deposit or pay FedEx?
                          They send the letter, I don't... (it is their form)

                          And I will get the deposit, just can be a lot more complicated.

                          JM
                          Jon Miller-
                          I AM.CANADIAN
                          GENERATION 35: The first time you see this, copy it into your sig on any forum and add 1 to the generation. Social experiment.

                          Comment

                          • #14
                            Originally posted by snoopy369
                            I doubt you legally have to give notice together... certainly you should be able to give notice on your own, anyway. We're not 1910s russia...
                            I can read the lease agreement. They didn't allow my roommate to leave the lease when he tried (when I Wasn't there). I think that some of it was communication problems, because he is french.

                            JM
                            Jon Miller-
                            I AM.CANADIAN
                            GENERATION 35: The first time you see this, copy it into your sig on any forum and add 1 to the generation. Social experiment.

                            Comment

                            • #15
                              So the guy who wants me to move in with him has offered to pay some of the rent that my roommate is causing me to pay...

                              As long as I agree to stay until Febuary. Hmm....

                              JM
                              Jon Miller-
                              I AM.CANADIAN
                              GENERATION 35: The first time you see this, copy it into your sig on any forum and add 1 to the generation. Social experiment.

                              Comment

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