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>Apartment
Life >How to deal with roommate problems
How To Deal With Roommate Problems
If you are having roommate
problems, then there are many legal issues to consider before one of you
moves out.
Legal
Complications Of Moving Out
Dealing
With Conflict On Your Own
If
there is no way to deal with a roommate conflict except for one
roommate to move out, then you should know that there are legal
aspects to renting that you must consider first.
-
Remember,
your Lease is a LEGALLY BINDING
AGREEMENT. If a roommate moves out in the middle of the lease
term, the tenant(s) whose NAME(S) are signed to the lease are
legally responsible for ALL of the remaining rental
payments and agreed terms in the lease.
-
If
the roommate who is moving out is still willing to pay rent, then
there’s nothing to worry about.
-
It
is YOUR responsibility to find a new roommate or get the rent
paid, NOT the landlord’s. If you bring your landlord into the
situation, s/he can just replace your old roommate with a
complete stranger. The landlord’s concern is simply to get the
rent paid. If you want a choice about who you live with, you
should keep control over your situation and do not bring the
landlord into it.
-
If
you find a replacement roommate, then there might be
complications. If the new roommate does not sign a new
lease, then s/he is not legally responsible for anything. The landlord
can hold whoever’s name is on the lease legally responsible for
any damages or non-payment of rent (even if it is the new
roommate’s fault). If you
think that this new roommate might damage your apartment or not
pay rent, then you might want to ask him/her to sign a written
contract between the two of you, stating the new roommate is
responsible for the lease terms.
-
If
you do not find a replacement roommate and your old roommate
won’t pay the rent, then the person whose name is on the Lease
is legally responsible for getting the rent paid and upholding
the terms of the lease. This means that the landlord can evict
whoever is living in the apartment if the rent is not paid in full
(even if it is the old roommate’s fault). It also means that the
landlord can ONLY sue the person whose name is on the lease to get
money for rent or damages.
-
If
there is more than one tenant signed on the lease, they are ALL
bound together in Joint and Several
Liability – they are individually and collectively
responsible for getting the rent paid and sticking to the terms in
the lease. This means that the landlord can hold anybody or
everybody on this lease responsible for not paying rent and/or
breaking the terms in the lease. So, the landlord can sue anyone
on the lease to get money for rent or damages. If you want to
prevent the landlord from holding you responsible for your
roommate’s negligence, then it is your responsibility to get the
roommate to pay the rent. You can also pay all of the rent
yourself.
-
If
there is only one tenant on the Lease,
the one tenant is responsible for getting the rent paid and
fulfilling the terms on the lease (even if there is damage that is
another roommate’s fault).
-
See
Sharing An Apartment
for more about the legal
consequences of a roommate moving out.
Dealing
With Conflict On Your Own
Here
are a few tips on how to deal with roommate conflicts:
-
Identify
the conflict
-
Keep
an open mind by listening to the other person’s side
-
Be
honest and tell the other person how you feel
-
Take
time to hear what the other person is really trying to say
-
Brainstorm
together on possible ways to resolve the problem.
-
Be
open to compromise
-
If
you are still feeling frustrated, postpone making a final
decision. Give yourself time to calm down
-
Ask
someone else to listen to both sides to help work out an
agreeable, nonviolent solution
-
Settle
arguments with words, not weapons
-
Don’t
stand around and watch fights or arguments
-
Hang
out with friends who are also against violence
-
If
you feel afraid or sense danger in a situation, get away
immediately
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