My roomate just informed me that she's moving back to the midwest (we live in Oakland, CA). She arranged it w/ the landlord to get her deposit ($625) back and that she could have her portion of the "last month" ($625)applied to next month's rent. I was not included in this conversation and apparently there is an assumption that when she moves out I will come up with her portion of the deposit and the other half of LMR, in other words I have to come up with $1250 and my portion of rent for February! Is this fair? I was not even notified of this.

I just got a new job and am making enough money to pay rent ($1250/mo), but have not been in the job that long, so my savings is not enough to cover my portion of rent ($650 & $1250) in next month. I am completely freaked out because I like my apartment!

btw, our rental agreement is month-to-month, and it does state that we are "jointly and severally" liable for the payment of rent and performance of all other terms of the agreement.

What can I do to protect myself?

Pooks_Rutherford: apparently there is an assumption that when she moves out I will come up with her portion of the deposit and the other half of LMR

Don't assume anything. Call the landlord and inquire what he/she is expecting of you. If it is acceptable to you, put the agreement in writing.

Pooks_Rutherford: What can I do to protect myself?

Find another roommate ASAP or give 30 days notice.

BSPCPA: Don't assume anything. Call the landlord and inquire what he/she is expecting of you. If it is acceptable to you, put the agreement in writing.

No, I am not assuming I pay for deposit & 1/2 of LMR, this is my roomie's & LL's assumption. Apparently they discussed it this weekend without my imput.

BSPCPA: Find another roommate ASAP or give 30 days notice.

I don't want another roommate, I just got a new job and am making enough money to pay rent ($1250/mo), but have not been in the job that long, so my savings is not enough to cover my portion of rent ($650 & $1250) in next month (or even by March for that matter -- I will need until May to come up with that money) . I am completely freaked out because I like my apartment!

What I need to know is whether it is fair for my roomie & LL to discuss this rental situation without my imput. In our rental contract, my roomie and I are "jointly and severally" liable for the payment of rent and performance of all other terms of the agreement. Shouldn't I have been included in the discussion this weekend?

You are lashing out at me, and I am trying to help you. The question is not whether your roommate's actions are "fair" rather are they "legal." Some general information for you. "Joint and several" liability means your landlord can come after either one of you for the full amount of the rent. "Month to month" tenancy generally means that upon advance notice of 30 days you, either you (the tenants) of the landlord can terminated your occupancy agreement - you can leave or your landlord can kick you out.

My advice still stands: Talk to your landlord and find out what his/her take on the matter is and what he/she expects of you. Also express your concerns. My crystal ball tells me, however, that unless you take in another roommate or find another way to pony up the full amount of the rent, you are soon going to be out of the apartment yourself. I can appreciate that you do not want another roommate, but it seems you don't have the financial ability to overly indulge your wants. You need to ask yourself: What do I want more: the apartment or solitude?

I am confused...if her portion of LMR is being applied to next month's rent, why would you have to come up with the full amount of the rent?

625+625=1250

Why would you have to pay 1875 for rent if the stated rent owe is 1250? Even if you have to pay the other half of the deposit, you would still only owe 1250...not 1875.

So, what gives?

That said...if you cannot afford the apartment on your own and the landlord allowed her to move out, it doesn't really matter what you think is fair. You can't afford the apartment on your own. NO landlord has to give you a break if you can't pay. You are in a month to month agreement. There is no penalty for her opting out of the lease, with or without your agreement or involvement. It's not like she left with 7 months remaining on the lease. That is the nature of MTM leases.

Mommyof4: Why would you have to pay 1875 for rent if the stated rent owe is 1250? Even if you have to pay the other half of the deposit, you would still only owe 1250...not 1875.

My guess is that when we moved in, we had to pay a deposit of $1250 and LMR of $1250. Because my LL agreed to pay my roomie her portion when she moves out, that means her half of the original deposit & LMR needs to be repaid. However, this decision was made w/o me. Our contract does state that we are "jointly and severally" liable for the payment of rent and performance of all other terms of the agreement. So if she skipped town w/o paying, I would be responsible for the whole amount of the rent. So I don't understand why she agreed to pay her back her 1/2 of the deposit & LMR. Shouldn't the settlement be between me & roomie, and not roomie & LL?

Mommyof4: You are in a month to month agreement. There is no penalty for her opting out of the lease, with or without your agreement or involvement. It's not like she left with 7 months remaining on the lease. That is the nature of MTM leases.

My roomie & I were friends and when we agreed to look for a place together she told me that she was looking to be here until at least the end of June 2007. I consider that a verbal agreement that she is breaking. What galls me the most is that she never even talked to me about this, she just decided w/in the past week or so to move back home w/ her dad. So this whole thing is has blindsided me.

Mommyof4: That said...if you cannot afford the apartment on your own and the landlord allowed her to move out, it doesn't really matter what you think is fair. You can't afford the apartment on your own. NO landlord has to give you a break if you can't pay.

But I can afford it. I just started a job in Nov. 06 that pays very well, in fact the total amount of the rent will be about 33% of my pay. I am almost finished paying off my cc debt, and still have student loans of $250 p/ mo to pay. Once I have finished paying off cc debt (if I keep w/ the 4 month plan -- I should be paid off by Feb), my current rent + student loans will represent about 40% of my pay. I would like to put away $ in a savings and am opening a 401k. I just don't have the sec. dep & LMR available now, and to get it together by March will be difficult.

Your land lord has already had enough time to determine whether or not to trust you. Tell the LL you are willing to pay everything, but because you had no forewarning of this situation you can only afford $n Dollars a month toward the LMR & CD, if it is reasonable they will accept that. I have known many LL who love to keep a paying tennant than to have to clean and relist to rent again. And since you are halfway there already, they will most likely work with you.

My apologies if you perceived my response to your original post as "lashing out at you". It was not meant to be that. I was simply responding to your statements. I appreciate the feedback and am taking them into consideration.

I will definitly speak to my LL and see what she expects of me.

I can afford to rent on my own, however I cannot make the amount she wants at the time she needs it (please see post to Mommyof4).

I guess I am angry at my roomie & LL because they had this discussion w/out my knowledge and a financial decision was made w/out any consideration about my situation. So let me restate my question. Was it legal for my roomie & LL to make this financial decision w/out my knowledge?

Is it reasonable to ask my LL to extend the payment of the sec. dep & LMR to the end of May?

I guess I am angry at my roomie & LL because they had this discussion w/out my knowledge and a financial decision was made w/out any consideration about my situation. So let me restate my question. Was it legal for my roomie & LL to make this financial decision w/out my knowledge?

Yes, it is legal (a crappy thing to do to you, but not illegal). Her contract is with the landlord, not you. As you had a "verbal contract" with your roomie, I suppose you could try to sue in small claims court for the difference, but I don't know how successful you would be.

Is it reasonable to ask my LL to extend the payment of the sec. dep & LMR to the end of May?

Yes, it is reasonable (although, I would offer to pay a bit more every month toward the deposit and LMR as opposed to asking her to wait until May for a lump sum payment), and if you have been a good tenant, it's not out of the realm of possibility that your LL would agree.

Having waited until late in life to marry, I have had many roommates, and let me warn you against future problems, just in case you think about it.

1. Never Roomie with family members or close friends. (these are the most likely to pay nothing when ever possible)

2. Don't have a roommate of the same sex AND same age group. (these are the most likely to turn into lifelong enemies.

3. Don't room with some one who is even remotely likely to evolve a strong emotional attachment. ie Opposite sex of reasonable dating age range.

Follow these three simple rules and you will most likely live alone untill you marry.

Ditto RCP AND BSP!