On Episode 16- How To Find A Roommate, I talked about the importance of using online resources to find eligible roommates. I stressed on that episode a venting process, which helps make sure you do not get a bad roommate. Why is this necessary?
Besides the emotional toll, there is a financial burden to it when a roommate goes rogue. Trust me- some people tend to go rogue based on that. Hence, why I emphasize on drafting a legal contract which states the financial responsibility of each member of the household. Simply put, each roommate knows what his or her fair share of the bills are.
Speaking of a legal contract, I walked you on drafting one on Episode 15- Splitting Rent With Roommates. I talked about getting your contract with this roommate notarized. Meaning having it legally binded by a notary service, so it can actually hold up in court.
This is in case a roommate reneges on agreement.
Just because you have an agreement on sharing rental expenses with a roommate does not mean he or she will uphold their fair share. Hence, why I made this episode in order to show what to do in such a situation. This is so you do not end up carrying the financial responsibility of a grown adult as well as yours.
What Should I Do If My Roommate Won’t Pay Rent?
In case of a roommate refusing to pay rent, can I legally kick my roommate out?
It depends on whether he or she is on the lease. In fact, it is easy to get rid of a roommate when he or she is not on your lease. If your roommate is on your lease, it is hard to do. This is where I would do the following below:
1. Inquire About Income Flow
Sometimes, roommates have difficulty making rental bills because of a disruption of income flow. I mean they either got fired, or there is something going on with their pay. Whichever one it is, it is always a good idea to have the conversation.
Sit your roommate down and inquire about their income flow. This is especially in situations where rent or rental bills payment had been neglected. Or worse, not being paid consistently.
Do not approach them aggressively on this. Just tell them it is affecting you, since you have been the one paying on bills so they do not default. Why is this important?
I have observed most roommate conflicts stem from misunderstandings and miscommunications. Some people are really sensitive about their abilities to adhere to their financial responsibilities. As a result, they could flare up when you tell they are being bums.
Besides, it could count as harassment in court when this inquiry is done wrongly. So, what else counts as harassment from a roommate?
Harassment from a roommate includes threats, yelling or intimidation. I understand a roommate not paying his or her fair share of rent could cause frustration, but you have to be careful on how you approach this issue. This is because you can get sued for harassment.
Oh yes- the laws in some states in America protect people in shared housing. That means you are not allowed to cause a roommate who is not paying rent stress, although he or she is causing you stress. I know- it is the law.
How To Have A Conversation With Roommate About Them Needing To Pay?
What to do when a roommate does not pay rent, is to ask them directly what seems to be the problem. If they got fired, ask them how long they need to bounce back. Most people will already start looking for a job. Hopefully, your roommate is one of them.
If not, I would get how long before he or she gets another job. Then, work with him or her. This is especially, when he or she is a good roommate.
Otherwise, you may need to follow what is on the legal contract you two signed on. Remember when I mentioned that?
This is where such a contract helps. In a situation where the roommate is intentionally not paying rent, the responsibility is going to fall on you. That is an emotional and financial stress waiting to make your life miserable. Hence, the need to execute the next step below.
2. Protect Yourself Financially
What does this entail, my dear reader?
Well, the notarized contract I mentioned earlier is the first step to protecting yourself financially. You two make this contract before setting up utilities in your new apartment. I am hoping you did it, before this person even moved in.
It allows you to escalate the issue to a third party. By a third party here, I refer to your apartment leasing office or a court. A notarized contract legally binds the agreement.
Another way of protecting yourself financially, is to arrange an individual rental payment to the leasing office. This is where each person in the shared housing makes payment of bills separately to the landlord. Personally, I would do this before the roommate moves in.
That way, issues like non-payment of rental bills will be handled by the leasing office or landlord. No additional financial responsibility will fall on you as a result of a renege roommate. Why am I mentioning this to you?
Such an arrangement protects you from future rental issues. Also, your credit history will not be tainted because you do not make rent in full every month.
Finally, build as much proof as you can about the situation. This is in case it gets to a point, where you need to take your roommate to a small claim court. This is because it will always fall on you to prove your roommate is not paying rent.
I know you may have evidence of rental expenses being deducted from your account. But, your roommate can easily claim you were given cash to deposit for such payments. Always protect yourself by gathering evidences of non-payment of rental bills.
3. Sue In A Small Claim Court
You can sue your roommate for not paying rent. I always recommend this, when diplomatic means of conflict resolution has failed. I say respectfully – To hell with it, let’s go to court.
The court will help you either evict your roommate, or get the amount you have paid in rental expenses on their behalf. How do you go about this?
You just have to find a civil court. Go tell it that you want to file an eviction case. For a small fee, the court will file it and set an appointment date.
On the day, you will come and state your reasons. Now, this is where it matters to not harass your roommate in case of non-payment of rent. This is because the court can side with him or her, when your approach to it has caused a reasonable emotional damages.
Here is what I mean by your approach to non-payment.
- Fights
- Quarrels
- Threats
- Harm
- Conducts resulting in emotional stress
All in the name of getting them to pay their fair of rental responsibility, could land you in big legal trouble. Hence, why I emphasize to always document everything. It is the most important thing you must do when a roommate does not pay rent. Document interactions with respect to this issue, or emotional flares between you two.
If you win the case, the court will give the roommate time to move out. In my state- Texas, the court gives three months. Just because the court gives it, does not mean the roommate will comply. Some people are still adamant about leaving.
This is where the court will serve a Writ Of Possession. It empowers the Sheriff or Police department to forcefully remove your roommate. It is sad, when it has to get to this point. If you have had a bad roommate before, you will be happy for this process.
4. Break Lease
The last thing you can do when a roommate does not pay rent is to break lease. Personally, I hate this option. This is due to its financial repercussions. What do I mean by this, my dear reader?
Firstly, breaking a lease the wrong way is one of the things which could ruin your credit history. Especially when you break lease and do not compensate the leasing office. Most landlords would ask for three months of rent. Others would want the rent for the remaining months on your lease.
Secondly, breaking a lease could affect your ability to rent again. This is when it is done wrongly. Let us say you just pick up and leave, your next apartment may learn about it. Hence, hurting your chance of renting with them.
But, one of you has to leave the apartment for the other under these frustrating circumstances. Am I right?
If you want to break the lease, I recommend talking about it with the leasing office. Compensate them as needed and move on. Your mental health is better than putting up with the stress living with a fellow grown adult feeding off you.
As I previously mentioned, you can avoid one of these horrible first-renters mistakes when you vent your roommate well. You do not just take personality and character into consideration, but also financial ability to make rent backed with physical evidences of prior adherence to consistent rental payment. It is the only you get a roommate who makes rental bills on time.
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