Need advice: Roommate problem

[Misty]

Okay, so I just got rid of one lousy roommate, who skipped out owing me more than $1,000. I got a new roommate to replace him, and I thought things were finally back on track. There are three of us in the apartment: me, the new roommate, Jill, and another roommate, Jack, who has been here about six months.

Jack is actually a friend of the roommate who screwed me (they moved in at the same time). I briefly considered kicking him out along with his friend, but then I thought no, it wasn’t fair to punish him for what his friend did.

BIG MISTAKE

On Saturday I got a call from the landlord saying that Jack’s rent checks for August and September bounced. He found out after he deposited his October rent check, so he was wondering if that check was going to bounce too. As the leaseholder I am held responsible for the missing rent, so I have to send him a check!

My roommate was out of town that weekend, but I left him a couple of nasty messages telling him to call me ASAP. I tell him to pay up or be out by next Saturday (one week). :pissed: :pissed:

On Monday he calls me at work and assures me that he will pay me back the two month’s rent, and he will be out by the end of the month. Then he tells me to use his security deposit as October rent. Excuse me, but he already wrote me a check for October, so obviously he knows it’s going to bounce as well! How can I believe him when he says he’ll pay me back?? I think he’s just telling me what I want to hear to stall until the end of the month. :pissed: :pissed:

What I want to know is how can I get the money from him before he moves out? I can’t sue him, that would take too long; I sued a former roommate and even though I won, I’m still trying to collect my judgment. I just don’t have the time or money to do it again.

Basically he’s been living here rent-free since August, and I do not want him to get off scott free. Any ideas?

[Mr. Rude]

Only one that comes to mind is changing the locks.....Before he can get anything moved out :devil: ...Once payment is received, the moving can begin.

Like you said...You are the one with name on the lease ;)

Mean....but effective.

[CanadaGirl]

Sell his stuff. ;)

Anyone else find it funny that Misty has "Jack and Jill" as roommates? :lol:

[NightAngel]

I feel iot's possibly wrong for me to say this but...

I'd sell his stuff.
What I couldn't sell- I'd donate to the Salvation Army.
What's he going to do? He can bring the police but he'd have to PROVE it was his stuff.

Which I doubt he can do.

In real life I'm actually quite evil... but in a good way...

[Crosshair]

Just asking, is it legal to hold their stuff as colateral until you are paid??? I have no idea and I am wondering. If you wrote a contract, when you first moved in, describing what was expected of them and have them sign that would that make it easier to collect back rent from them in court???:confused:

[Binky]

Is he on a sub lease? Or is their any contract that he has signed stating that he must pay rent? Or is it just a gentlemen’s agreement????

Selling his stuff could get you into trouble, and cause all sorts of hassles, YEAH it's damn fun, but really, you want to take the legal road here. Maybe write up a contract, between you and him, you state on the contract the time frame in which you want to be paid, and all the terms and conditions (be careful to avoid any loop holes), you get him to sign, you sign and you get at least TWO witnesses to sign it. You keep a copy and the guy keeps a copy. This will scare the shite out of him! It's a legally binding document, he'll crap himself when he realizes the consequences of breaking it.:devil: maybe even add in that if he does fail to comply with the terms and conditions of the contract, that you will sell all his positions to make up for the money owed hehe :devil:

THEN once he has signed that, give him a letter, signed and dated by YOU, informing him of his eviction. Tell him he must be out within the week. Once again keep a copy of this for your own records. Sometimes it's always good to post these things for proof to yourself. Either way, use as many legal roads as you can without spending a dime! That way you have covered yourself if this guy bails.

You want the money, but you have no way of actually getting it without using some form of legal rout, if the guy just up and leaves without signing anything, your stuck without the money. If you take him to court, like the other time, you may never see a dime. No way is full proof, scum always seemed to find a way to get away with murder.

[MadMike]

Anyone else find it funny that Misty has "Jack and Jill" as roommates? :lol:

I'm guessing those aren't their real names.

[LostMyMind]

Basically he’s been living here rent-free since August, and I do not want him to get off scott free. Any ideas?
As stated before, withhold his stuff (do not sell it). Send him a notice saying that you're holding his possession as collateral. Depending on the state you live in, that might be enough.

Do not sell his stuff unless he gives you the possessions as payment, otherwise you generally have to sue to sell it.

[digilight]

Well from what you said he has intentially passed a bad check (around here thats called fraud). You stated that he has allready given the check for october rent, but he plans on using his security deposit to cover the rent, I would take this to mean that he knows that the check is rubber. Did he give you the check, or to the landlord? You and or landlord needs to immediately go to the DA's office (you may need to find out what division handles bad checks, around here the DA's office has a division for that). I would go after his ass with no mercy (but within the law).