Thursday, December 15, 2011

If my roommate agreed to move out but still has her stuff here, should I charge her for storage?

I rent an apartment with my co-worker and the lease period ends August 31st. She's not renewing the lease, but I am, and I found someone who moved in August 1st. I discussed this with my roommate 2 weeks ago and we agreed she would not pay rent for August and would move her stuff out of her room so I can move my stuff in (the new girl took my old room) -- my roommate has also not been around since January because she has been staying with her boyfriend, I even dropped her rent and utility charges from $900 a month to $550 because she hasn't been here, to be nice. My stuff is all over the living room and hallways and even though she had 2 weeks, and was here every day last week, she hasn't moved any of her stuff out and barely packed anything. I called her yesterday, Saturday July 31st, and she was on her way to Atlantic City for her sisters bachelorette party instead of being here to pack her stuff. I did say if she couldn't move all her stuff, she could keep some here until she had more time because it was short notice, but I didn't think she would keep EVERYTHING here, in her room, and not allow me to move my stuff in -- she won't even let me move the stuff out into the living room for her so I could get my stuff in (we started fighting with each other yesterday about it). Also, instetad of having the landlord refund the security deposit, we agreed I would pay her the $787.50 directly plus $400 for the couches and TV we bought together (if she asked the landlord for the deposit, we wouldn't even get the full amount back because the dog we adopted together damaged 2 doors, so she's making out well by getting the full amount back from me). In light of everything (having 2 weeks notice, not paying rent in August, getting the full security deposit back, having reduced rent since March, and getting the full amount she paid for the TV and couches we bought together a year ago), should I charge her $25 a day ($787.50 divided by the 31 days in August) for keeping her stuff here?|||You can't just impose a storage charge. You have no agreement.





Instead, send her a certified, return receipt letter reminding her of your agreement that she would have her things removed by August 1 and you wouldn't charge her rent for the last month of her lease term. Tell her that if she does not remove her stuff within 10 days, you will dispose of them.|||Ultimately all of your niceness involved with allowing your roommate to leave with very little problem will likely come to haunt you. Since the lease period ends at the end of August and her stuff remains in the property on Aug. 1 I suggest you make your ex-roommate pay for the full months rent, much like any landlord would if their tenant failed to move out their stuff. Let that amount be your guide to determine your daily storage rate. Thus if her share would have been $750/month, $25/per day is about right. But if her rent was $900, the daily rate is closer to $30/day. Be prepared to sue her in small claims court for the money.|||I don't think there's any point in charging her unless you think that a) she would ever actually pay you and b) it would make her move her stuff faster.





Most likely all that will happen is you'll just make her more annoyed than she already is.





Instead do this: figure out the latest you would need her stuff moved, subtract a week or two, and tell her that if she hasn't moved her stuff by then, that you will do it. Be clear about what you will move, where you will move it, and exactly when you'll move it. You might even want to give it to her in writing. Then stick to that.|||If she has her stuff in the bedroom and won't "let" you move it out then she is still your roommate and should pay the Aug rent. Since you don't have an agreement for her to pay for storage you can't really charge her for that. But, you probably could tell her if her stuff isn't out by the end of Aug, when she is officially off the lease, you will charge her for storage. That not moving her stuff would be considered accepting the storage fees.





I don't think you should have agreed to refund all of her share of the security deposit. You should have had the landlord do a walk through and tell you how much of the deposit he would have refunded if you had all moved out and then given her half of that amount.

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