The Big Cat Posted May 3, 2009 Posted May 3, 2009 I live in Chicago, so this might hinge on Illinois state law. I currently live in a 3 bedroom apartment (me, War Child, and Johnny Utah) with a 12 month lease (September 1, 2008- August 31, 2009). Our third roommate (War Child) just announced that he's moving out early (June 1). War Child's done the legwork to find a sub-leaser. I've lived with War Child since August 2006. This would be the fifth time War Child's found a sub-leaser for a three-month span. He's subleased his room(s) for: Summer 2007 -- with a total lame wad and a complete stranger (lameness unknown to all parties) Fall 2007-- someone even lamer (known to him before he stuck us with her) Summer 2008-- (not a bad situation) Fall 2008-- (not a horrible situation, not a great one) In each of the aforementioned instances, he needed a sub-leaser because he's an actor and had to leave town. We've always graciously accepted the sub-leasers (to our chagrin) to support his career. That's not the case this time, he's just leaving willy nilly. It's nice that he's taken the initiative to find someone, but the staying roommate (Johnny Utah) and I are fed up with this living with a stranger thing, and we've already expressed this concern to War Child. Plus, War Child officially announced this TODAY (May 3) and he's planning to move out June 1, completely taking the decision/search out of the hands of Johnny Utah and me, even though War Child's been "thinking about this for awhile." Poking around, I've found that holding him responsible for the rent he'll owe us after he moves out WILL require small claims court (provided he's that stubborn, I've got no reason to believe he's not). We've got a very positive relationship with our landlord. WHAT SHOULD JOHNNY UTAH AND I DO FIRST?
Fezmid Posted May 3, 2009 Posted May 3, 2009 WHAT SHOULD JOHNNY UTAH AND I DO FIRST? Up to you, really. First, are all three of you on the lease? If not, you're probably screwed. If you are, then you have to decide if it's worth trashing a friendship over. I'm not sure how it works with multiple people on the lease -- but you could talk to the landlord and explain the situation. With the economy the way it is, maybe he'll reduce the rent. Probably not, but it might be worth asking. I'm not sure if you have to sue him in small claims court or if the landlord does. Part of it depends on who's on the lease, I'm sure. Is Wild Child leaving to go somewhere other than Chicago? In that case, you'll probably win hands down if you bring him to court since he probably won't be able to show up. Filing is easy - costs $20, and you hand-write what your complaint is. Then they mail you a court date. You show up, present your side of the story, the judge says, "Thanks," and a few days later they mail you the judgement. At least that's what happened when I had to sue my landlord.
Acantha Posted May 3, 2009 Posted May 3, 2009 Seriously, I'd just get on with the search. You can ask him (or tell him) to pay the rent for June if you can't find anyone, and see what happens. But if he says no, I'd just let it go. Having roomates brings this kind of thing up, it's part of the deal. Going to small claims court is just a hassle and an expense you don't need. Can't imagine it would take too long to find someone else, would it? Even if you could bring someone in in over month, they could pay their part of the rent for however long they are there in June. How long would you expect it take to find someone?
Fezmid Posted May 3, 2009 Posted May 3, 2009 Going to small claims court is just a hassle and an expense you don't need Filing literally costs $20 and you can ask for that back in the case when you file... It's really not that much of a hassle, except that he might potentially kill a friendship.
The Big Cat Posted May 3, 2009 Author Posted May 3, 2009 Up to you, really. First, are all three of you on the lease? If not, you're probably screwed. If you are, then you have to decide if it's worth trashing a friendship over. I'm not sure how it works with multiple people on the lease -- but you could talk to the landlord and explain the situation. With the economy the way it is, maybe he'll reduce the rent. Probably not, but it might be worth asking. I'm not sure if you have to sue him in small claims court or if the landlord does. Part of it depends on who's on the lease, I'm sure. Is Wild Child leaving to go somewhere other than Chicago? In that case, you'll probably win hands down if you bring him to court since he probably won't be able to show up. Filing is easy - costs $20, and you hand-write what your complaint is. Then they mail you a court date. You show up, present your side of the story, the judge says, "Thanks," and a few days later they mail you the judgement. At least that's what happened when I had to sue my landlord. All three names are on the lease. But we give our landlord one check each month (it's from me).
Fezmid Posted May 3, 2009 Posted May 3, 2009 All three names are on the lease. But we give our landlord one check each month (it's from me). Talk to the landlord, see what he says. Your roommate is legally obligated to pay -- however, I think it's up to the landlord to collect, as long as the lease doesn't say something to the contrary. But again, talk to the landlord and work it out if Wild Child isn't going to pay.
stuckincincy Posted May 3, 2009 Posted May 3, 2009 WHAT SHOULD JOHNNY UTAH AND I DO FIRST? Sleep on it, and post again tomorrow?
The Big Cat Posted May 3, 2009 Author Posted May 3, 2009 Seriously, I'd just get on with the search. You can ask him (or tell him) to pay the rent for June if you can't find anyone, and see what happens. But if he says no, I'd just let it go. Having roomates brings this kind of thing up, it's part of the deal. Going to small claims court is just a hassle and an expense you don't need. Can't imagine it would take too long to find someone else, would it? Even if you could bring someone in in over month, they could pay their part of the rent for however long they are there in June. How long would you expect it take to find someone? Finding someone is NOT a problem. In fact, someone is already found, by him. See: sub-leaser history for reasons why this is unacceptable (in principal) Filing literally costs $20 and you can ask for that back in the case when you file... It's really not that much of a hassle, except that he might potentially kill a friendship. At this point, friendship be damned. Up to now, War Child has ALWAYS handled these situations in the most convenient manner possible. Conveient for HIM, in spite of the fact that it's ME/JOHNNY UTAH living with a stranger for three months. Last time we went through this (Fall 08), I told him I HAD to meet the person this time. He was unable to arrange that, no matter, he skipped town and handed over his keys and I had no say, despite explicitly asking for it. Friendship be damned.
mead107 Posted May 3, 2009 Posted May 3, 2009 Let him move on .Split the rent for the next 3 months and you and your partner should find someone to fill the 3rd spot .
The Big Cat Posted May 3, 2009 Author Posted May 3, 2009 Let him move on .Split the rent for the next 3 months and you and your partner should find someone to fill the 3rd spot . My partner and I will be splitting ways come September. He'll be moving in with his girlfriend either here in Chicago, or in NYC.
mead107 Posted May 3, 2009 Posted May 3, 2009 My partner and I will be splitting ways come September. He'll be moving in with his girlfriend either here in Chicago, or in NYC. do you plan on staying where you are now or do you plan on moving in sept. ? Will you be looking for 2 new people to move in with or are you going to find a small place of your own ?
The Big Cat Posted May 3, 2009 Author Posted May 3, 2009 do you plan on staying where you are now or do you plan on moving in sept. ? Will you be looking for 2 new people to move in with or are you going to find a small place of your own ? My own place. MY girlfriend (soon-to-be-more-than-girlfriend ) will be moving BACK to Chicago in January (fingers crossed). So, if all goes according to plan, I'll be getting a six month lease (Sept-March) and then moving somewhere with her in about a year.
mead107 Posted May 3, 2009 Posted May 3, 2009 I think that I would put up with the new person for the 3 months and then move on . Sounds like you will not have to put up with living with 3 much longer .
Acantha Posted May 3, 2009 Posted May 3, 2009 Finding someone is NOT a problem. In fact, someone is already found, by him. See: sub-leaser history for reasons why this is unacceptable (in principal) I guess the way I read this was that this time he was taking off for good, and you didn't want the replacement to be someone you didn't know or like. But whether he is leaving for good or not, you should still have the option of finding someone yourself, no? Does he care who takes over the lease for him? By the way this thread is going, you seem to have an idea of what you want to do....or don't want to do. So my advice would be to just get on with it.
The Big Cat Posted May 3, 2009 Author Posted May 3, 2009 I guess the way I read this was that this time he was taking off for good, and you didn't want the replacement to be someone you didn't know or like. But whether he is leaving for good or not, you should still have the option of finding someone yourself, no? Does he care who takes over the lease for him? By the way this thread is going, you seem to have an idea of what you want to do....or don't want to do. So my advice would be to just get on with it. I want War Child to pay for the room that signed a lease for. I DON'T want to live with someone random, found by him OR the landlord. I'd rather look myself, but I only have 28 days to do so now, which means it would absolutely be someone random. But at seems at this point, I'll either be a.) living with someone random (what I don't want), or b.) seeing to it that War Child pays for his vacant room, something I don't know how to legally accomplish.
Wacka Posted May 3, 2009 Posted May 3, 2009 Okay, then what? Get rid of the body. Do we have to explain it all to you?
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