When Your Roommate Leaves Your Memphis Apartment Without Notice
Aug 11th, 2007 by Memphis Apartments
You think you have an excellent relationship with your roommate. You hang out and eat meals together. Then one day he says he is moving in with his girlfriend, picks up his duffel bag, and walks out. To make matters worse, rent is due in three days. What can you do?
In reality, it depends on the situation and the state in which you live. The law in your state will specify the available options for recourse, if any exist. Know what the law is and understand the type of relationship you have with your roommate. If you do not know, consult an attorney. You should understand the laws before you ever enter into a roommate agreement. This applies even if you and your roommate are friends. Do not assume the friendship will be everlasting. Your landlord will not care that you were friends. It just does not matter.
If the lease is in your name and you allowed him to live with you with the understanding he would pay a portion of the rent to you, you probably have no recourse. You are responsible, and always have been, for the rent. Your roommate did not pay his portion of the rent to the landlord; he paid it to you and you paid the full amount to the landlord.
If your roommate did pay his portion of the rent to the landlord, you were probably co-tenants. This means your name and his name are on the lease. The lease should specify what happens if he moves, with or without notice. It is likely you will have to pay the full rent amount until you find another roommate. The lease will be to the landlord’s benefit, not yours. As a co-tenant, your roommate broke the lease agreement. Therefore, your landlord may be able to evict you as a result.
Your situation might be more complicated if his name is the only name on the lease. You may not have any standing with the landlord at all. The landlord may take the full rent amount from you since it is so close to the beginning of the month. He probably cannot lease the Memphis apartment to another renter that fast. However, do not assume that means you can stay on. You may need to leave so he can prepare the Memphis apartment for prospective tenants.
If the landlord did not know about your roommate agreement and the agreement was never put in writing, you may be evicted immediately. You cannot show you have any lawful reason to be in the Memphis apartment. In fact, the landlord can decide you are an unlawful occupant and may be able to have you and your possessions removed from the Memphis apartment.
There may be other bills involved as well. You might have utility bills that need to be paid. This can become tricky if the bills are in your roommate’s name. If he calls to have the utilities or other services disconnected, you may not be able to get them turned back on without an executed lease in your name. If there are any shared accounts, contact an attorney about protecting your assets. Make sure your roommate cannot steal your identity or otherwise damage your financial standing or reputation.
Regardless of the type of roommate situation, always protect yourself. Be prepared at any point to pay the full rent amount. This will usually buy you time with the landlord to find another Memphis apartment if you have to. You will not be evicted or lose your belongings. Look out for your own self-interests. Preparation for the unexpected is your best defense.