Posted by: casper July 12, 2007
Roommate issue # 2 .....your opinion
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Wrt the first case (1/3 - 2/3 split), both parties SHOULD (morally, ethically) do a 1/3-2/3 split of the incentive money, simply because both parties face the inconvenience of having to move out prematurely. However, the lease holder has the upper hand LEGALLY. If your friend feels strongly about this, he can simply deduct the incentive from the rent payment for the last month's rent. That way, the copule ends up getting the incentive payment at the end anyway. (Dont do this if you still have a few months left, because the lease holder could evict them earlier) The lease-holder can't do anything legally to your friend, because your friend's name does not appear on any lease. The best solution, though will be to simply discuss this like grown up adults, and point out to the lease-holder that everyone suffers from having to move out early, so everyone should share the incentive payment. If you cannot appeal to this guy's sense of what's right and what's wrong, try the tactic that I mentiond. Second case Since the contract is in the name of lease holder, he is the one LEGALLY obligated to come up with the monthly payments, your friends (the couple) in theory can refuse the pay a single dime more. On the other hand, the lease-holder might threaten to evict them out of the apartment. This is a hassle for everone involved (including the lease-holder), and the lease-holder could lose monthly rent for the remaining months, and incur legal fees, so this is not optimal for him either. Again, the best strategy would be to disucss this amicably. the couple should say that they not are capable of making the higher payments, and that the agreement on the 1/3 - 2/3 split was why they moved in to begin with. If discussion does not help, pay the amount that the opportunistic fu*k wants now, and when you have two months left, stop paying the rent, so that you end up averaging the 1/3 total. Keep all your records of payments (e.g. checks made out to the lease-holder, utililty payements, mail addressed to you, etc.)
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