Roommate not paying rent - now have a court date

[unlucky]

I met my roommate on Craig's List (which I will never, ever use again) and we co-signed a joint and several one year lease that began Oct. 1, '08. She paid first month and security deposit to move in, and has not paid any rent since. Not only has she not paid, we were sending in two separate checks each month together, and for three months straight her checks bounced and neither she nor the landlord told me until we got rent demands from the landlord! She has given excuse after excuse, but most excuses have turned out to be lies and I now realize I'm dealing with a very untrustworthy person.

We began getting rent demand notices in early February, and were recently served with a notice of petition and have a nonpayment proceeding court date this coming Monday. The total amount we owe is now very large, and I want to try to convince the landlord and their lawyers to only charge her the money owed since she is gainfully employed and since I have paid my rent on time every month. I also want to ask them not to report me to any TRW, or credit reporting agencies, since the default was not mine. Furthermore a letter of reference from the attorneys explaining that the nonpayment was not on my end would be nice too, to help me explain my appearance on the "tenant black list". Finally, I would really like to end the lease without penalty as part of the court settlement so that I can cut ties with this scammer that I moved in with.

I understand that I signed something that was joint and several and technically I am just as liable as she for the money owed. Are settlements or judgments in housing court ever against only one tenant on the lease, and not both? Since she is employed, can't they garnish money directly from her paycheck as a court order? Furthermore, as far as ending the lease, I would think they too would want to remove this liability (my roommate) from their balance sheets, but you never know in this bad rental market.

I know it will come down to what I am able to negotiate with my landlord and their lawyers in court, but I am so afraid that I will have an eviction on my public tenant record, and that I will owe more than I can afford to basically pay for her and allow her to have been living for free for 5 months! The amount she alone owes is 2 months of my take home pay. Why should I work two months straight in order to let her live for free?? Not fair!! She WORKS!

Any advice for me? Please? I'm very angry, upset, and scared.

[unlucky]

Anybody out there? Please, I need help!

I've decided I'm moving out this weekend before the court date and making my roommate move out too. We need to cut our losses, and at least if we have to pay a penalty for moving out early we'll be presented with a finite amount that we owe, and it won't keep growing month to month when she doesn't pay it.

Thoughts?

p.s. The apartment is in Manhattan in a 38 floor high rise doorman building built in 1982. There are 510 units.

[alcatraz]

Unlucky,

You need to hire a lawyer immediately!

If you move out, you will still be liable for the rent owed. You signed a one year lease, and you are obligated to fulfill that contract regardless of your co-tenant's situation.

Just off the top of my head, it seems the first logical thing to do would be to pay the rent in full. Others here may be able to advise you on what impact this might have on the landlord's nonpayment case against you, your credit report, and/or the tenant blacklist.

It may then be an option for you to sue your co-tenant for rent owed.

I am not at all familiar with court procedures, so please talk to a lawyer to find out what your options are.

Please let us know what you find out.

[unlucky]

Alcatraz,

Thank you for responding.

I cannot afford a lawyer, especially since it is likely I will be on the hook for some or all of the amount she has left unpaid. I have spoken to the court attorney in the pro se office, as well as a friend who is a real estate lawyer, and a volunteer lawyer at the ABA.

My landlord has a policy for breaking leases early that is EITHER 3 months rent, OR paying monthly rent (not to exceed 3 months) until they re-rent the apartment, then paying the difference between the new rent and yours for the remainder of the lease. I would hope to negotiate this down in court, but if I cannot, better to be on the hook for 3 months than the 6 months left on the lease. I am going to use my "willingness to vacate" as a negotiating point in court.

We will be slightly short of the total amount owed at the court date. This is because she can only come up with a portion of what she owes, and even though I owe nothing, I am willing to put forth what I can afford to, and then sue her later in small claims court for what I pay. I hope that might keep me from having a judgment against me, as well as the credit consequences. My status on the "tenant black list" is a done deal...that happened the second they filed against us in court.

Thanks. Any more advice would be greatly appreciated.

[Sky]

unlucky,
I too think you would benefit from some sound legal advice.

I can’t say whether your plan sounds viable or not. Based on her history, how can you be certain that your roommate WILL move out when you do, even if she gives you her word: she has already proven herself to be untrustworthy, financially irresponsible, and deceptive. Even if she wants to comply and desires to move out, what if she has no money to move and thus can’t…you could conceivably end up liable for the next 6 months rent on the place and mired in lawsuits with both the landlord and roommate, in addition to paying rent on your new apartment.
I think in considering your course of action, you should also be looking at some worse case scenarios, instead of convincing yourself that events will play out as you envision. I do not think you are unlucky: I think you may be a victim of your own poor judgement. I do not intend this as an insult, however it’s likely you did not do your due diligence in selecting the person with whom you would live and enter into a binding contract with. You need some objective council here. Good legal advice and/or an attorney will allow you to see all the angles, assess your exposure, and this will better prepare you to defend yourself.

If you shop around, you can probably find a good tenant attorney to give you an hour consultation for $100-$200. YMMV, but I've been both to the pro-se attorney in housing court and to a free legal session at the ABA: both were worth exactly what I paid for them.