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Roommate refuse's to leave

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Roommate refuse's to leave

Postby Shanedawson » Mon Jul 20, 2015 2:32 pm

I am currently trying to move out of my apartment unit however my roommates has decided to be stubborn and choose to not cooperate. We signed a legal document before her lawyer saying that I will pay her 600$ and in return she will move out .Today I went to go claim her copy of the keys to the apartment and she said she does not have to hand them over to me .I also saw that she had no intention to move out. Her name is not on the lease . What would be the best course of action for me to take? Thank you in advanced
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Re: Roommate refuse's to leave

Postby TenantNet » Mon Jul 20, 2015 4:05 pm

Why is the roommate demanding a payment of $600? Did you pay the money? Do you have a receipt for that?

What is the nature of the "legal document?"

Moving out is one thing. Returning possession of the unit to you the prime tenant (by giving you the keys), is something else. I presume the document called for both. If the roommate refuses to abide by the agreement, have you contacted her attorney over this?
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Re: Roommate refuse's to leave

Postby Shanedawson » Tue Jul 21, 2015 9:45 am

The roommates is not demanding money I am offering her 600$ to her move. If she doesn't move I can't give the Owner the apartment and must continue paying rent which she has not been helping with since may. The money has been payed by check .no recipe just the contract.
As for the legal document I hired a lawyer to make it which cost 500$ in itself.I can send a picture if you'd like.
I have not contacted her attorney
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Re: Roommate refuse's to leave

Postby TenantNet » Tue Jul 21, 2015 11:11 am

This is how things get sticky and complicated. I would like to see the legal document. Please send as a PDF or JPG and at least 200 dpi, preferably grayscale, not black & white and not color, and at preferably 1200 pixels wide minimum, but larger is OK. If you scan, use a scanner, not a picture from a camera or cel phone. Scanner software should make all the other settings automatic. You can send it by Private Message, not to a regular forum post and attach it to the message.

Speaking to the roommate's attorney might give you some idea what is going on, why the roommate is not moving out.

In the meantime get your bank statement or check copy showing it was paid. See if it's been cashed. If not, you might consider stopping the check, although there might be a bank fee for that.

As for legal options, you might wish to consult with an attorney yourself. Normally I would say the roommate is a "licensee" and you would have to commense a licensee holdover proceeding in Housing Court after serving a Notice to Terminate. In a situation like this, you are acting as a landlord.

However, if your lease has expired, I'm not sure if the same situation exists. Your landlord might want to get involved and commence a proceeding him/herself. Such a proceeding would be against you as the primary tenant and your defense would be that the roommate refuses to leave. Such a proceeding should include John/Jane Doe in the caption and/or the roommate's name.

This is how it gets sticky and why getting your own legal advice is important.
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