Both of my roommates are moving out the end of this month. I have not been able to find subletters as they will not allow me to show their rooms until they move out. I do not have the option to move out on such short notice as I did not know until yesterday that a major surgery I had planned on having in March was cancelled. So, what exactly happens? Do we all have to break the lease? I can’t afford to rent the whole apartment, but I have nowhere else to go. Can I stay here as a tenant-at-will until I find a new place? I don’t want to end up homeless in a little over a week. And I should not be held responsible for their inability to see how their actions affect me. If they are still on the lease, they should be expected to pay regardless of whether they live there or not. That’s what they agreed to when they signed the lease. What should I do?
Comments
Proof-Variation7005 t1_j8pw6j1 wrote
I’m not sure these are questions for total strangers who aren’t your terrible roommates or your hopefully less terrible landlord.
[deleted] OP t1_j8pxvea wrote
I don’t know who to ask, though. My landlord is a shitty management company.
Middle-Example6618 t1_j8py264 wrote
You can take your roomates to housing court. They signed the lease. They owe money whether they choose to reside there or not.
https://www.mass.gov/orgs/housing-court
https://www.mass.gov/info-details/remotevirtual-court-services#housing-court-virtual-front-counter-
geminimad4 t1_j8qhzf9 wrote
You still need to make your landlord aware of this, shitty or not. Communicate via email as well as by phone to serve as a documentation of the issue.
bisbicos t1_j8q21lh wrote
If all theee of you are part of an active lease, then everyone is still liable for the rent. Even if they no longer physically live there.
It should be up to them to find suitable subletters to fill their spots in the lease and remove their liability.
kiwi-cucumber t1_j8s6eha wrote
Depending on the lease - it might not allow subletting (when I used to rent most of mine were worded that way, so I assume that still is the case). In that case, the moving roommates would either have to work it out with the landlord or pay the rent. Most likely, they’ll do neither and OP will be on the hook and have to go to small claims court.
[deleted] OP t1_j8qj87l wrote
Thank you for reminding me of that. I plan on contacting him soon as she just told me she will not pay rent next month. I told her if she withholds rent I will sue her in small claims court for the money owed.
[deleted] OP t1_j8re1hi wrote
You should go after her if she doesn’t pay rent. They are screwing you over AND making it harder for you to help yourself by subletting. Scumbags
Jer_Cough t1_j8rie3w wrote
Feelings of what you 'should' be responsible for are immaterial. Your lease likely has the phrase "jointly and severely" in it. That means YOU are legally on the hook for their portion of the rent next month. You need to tell your landlord what's going on ASAP so they can help find replacements. Of course you should go after the roommies in court if you end up being out of pocket for their share but I would personally do everything I can to just wash my hands of them and get somebody else in their rooms.
True_Resolution_844 t1_j8r890z wrote
Check the lease for a clause about a landlords right to show the space/enter unit. They can’t deny you showing the space.
kiwi-cucumber t1_j8s6lj2 wrote
OP isn’t the landlord though, so that might not apply. Really, they’re most likely hurting themselves by doing that since they will be on the hook for the rent
eburton555 t1_j8sabks wrote
The good news is you won't be homeless one way or another, at least not for a long time. Eviction takes a decent amount of time, even with people who are completely delinquent. You should be talking to your landlord about the situation, first and foremost. Almost guaranteed: Your roommates are responsible for finding subletters, not you, especially if they are also on the lease. You need to talk to your landlord to make it clear you are paying your share for the future but your roommates are bailing out without replacement to see how they respond. If they are not sympathetic, you may have to sue your roommates, but either way I would not pay the share of the rent for your roommates until speaking to a lawyer with a housing specialization about this first. Chances are you can't anyways, so it's a mute point. Once again, eviction is a long process so you will not be out on the street in any short order one way or the other and if you have records that you are paying your share consistently you'll have plenty of ammunition to protect your housing status.
TheSlayer696969 t1_j8xgy3x wrote
You maybe be able to get their credit scores tanked for non-payment of rent, possibly by your landlord. Let them know of this and use it as leverage. If they're not paying the contract they signed and agreed to, they deserve to get their credit scores tanked.
GM_Pax t1_j8q71mo wrote
When does the lease actually expire?
Legally, until the lease expires, yes you absolutely can insist that they continue to pay rent until replacements are found (though in return, you would be expected to expedite the process of finding those replacements), up until the lease expires.
Mind you, "insist" and "actually make them do so" are not the same thing. You might end up having to take them to court to get that money out of them.
...
OTOH, if the lease is up next week, and they didn't sign a renewal ... you're out of luck, unfortunately.
But I am not a lawyer.
You need to speak to one, to be absolutely sure of anything.
Rich-Lawfulness9351 t1_j8q9mgg wrote
I'm not sure this is exactly the law in the Boston area but I would surmise it is at least similar. You might consider seeing if you are eligible for legal advise from Greater Boston Legal Services (GBLS). GBLS serves low income families and individuals (earning up to 125% of the poverty level, $33,125 for a family of 4 in 2021, or up to 200% in limited circumstances.) You can call: 617-371-1234
https://www.justia.com/real-estate/landlord-tenant/information-for-tenants/roommates-and-guests/
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NOTE: I am not a lawyer and this is not legal advice. For legal advice contacted a licensed lawyer in your area.
Icy-Neck-2422 t1_j8r51dh wrote
Conversation with roommates first. If that fails then conversation with a housing attorney.
[deleted] OP t1_j8sem5b wrote
I have reached out to our acting landlord, but he has not gotten back to me yet. I requested police records should I take them to court. But what do I put one the forms if they move out before I go to the courthouse? I don’t know where they are moving to as we are no longer on speaking terms. Will the court hearing info be forwarded to their new addresses? I have already applied for two separate restraining orders against them, and since the judge threw out the case, they both agreed to move out. So I’m familiar with the legal system in Mass. I just don’t want to have to track down a pair of fugitives to get them to pay their share of the rent. They are not actively looking for subletters nor is our acting landlord, so they will still have to pay their share of the rent until new tenants have signed the lease. I told the police yesterday to remind them to contact our management company and then have them reach out to me about next steps. I want nothing more than to get rid of them, but they keep trying to initiate contact with me even though I make it very clear that I will not engage in the conversation. At this point asserting my boundaries is a moot point because neither one of them understands the concept of personal boundaries. I just have to keep sending them emails every day to remind them to contact the management company about their intended move. That’s all I can really do at this point other than ignoring them entirely.
sagitaryn t1_j8q1tlh wrote
If they signed the lease then they are responsible for finding sub letters for their rooms or they still owe rent . If they have co-signers the landlord/management company will come after the either the tenants or the co-signers to pay the missing rent.