Do I pay someone else's cancellation fee?

[icecream123]

Roomate signed a 3 year contract with ADT, now has to cancel since all of us are moving out after only 2 years (of me and her living there. the other roomate only stayed 1 year). Now she is asking me to pay 1/3 of the bill to be split up between the three of us.


I recently moved out of a townhouse with three roommates. The townhouse originally did not have ADT security, however my roommate wanted it badly she even signed a 3 year contract. (which I never signed) I told her I disagreed with a three year contract, b/c I would be graduating from grad school in 2 years, thus moving out in 2 years. In good faith, I told her I'll pay the monthly payments since I would be living with the security, but i would not be responsible for cancellation fee.

Now that I am graduating this '08 and moving out, the other 2 roomates choose to move out as well, and the one who signed the 3 year contract is asking me to pay the cancellation fee, which I never agreed to in the first place.

Questions:
1. Do I have to pay it? I never made an agreement I would pay it, and the ADT contract is under her name. I was only paying monthly b/c I would be using it. The other roomate is paying her the cancellation fee b/c she moved in last year, a year after the security had already been placed. Her reasoning for paying the cancellation fee is, "Since I chose to move into the apartment, I take all responsibility for what it came with." Basically making me sound like I should pay b/c i live there b/c it's my responsibility. But I told her, I was there when the alarm system was started, and I disagreed to have it and disagreed with a three year contract, which I never signed.

2. If I do not have to pay, is it ok for me to say," I will not pay the cancellation fee. I never agreed to a 3 year contract. I never signed a three year contract, Mandy (not her real name) singed a three year contract. It was her decision and thus her mistake to agree to that time frame. I will not pay for someone else's mistake."

3. I am afraid the girls will take this money out of the securty deposit we will recieve from the townhouse. The landlord says she can only mail 1 check out, so we had to chose 1 person to mail the check to. I think the girls will substract cacellation fee from my security deposit. Is this legal?

 

[Michael Wechsler]

1) Why don't you have the landlord make the check out to you or the other roomate who didn't sign the ADT contract?

2) Why does the security deposit have to be paid to one person? Is there anything in the lease? What is the problem - the landlord is physically unable to write three checks? You may want to speak to the landlord and mention logistical problems that could arise.

3) If you were leaving after 2 years, why did this girl sign a 3 year contract? From what I can see, there was no agreement to do so and, unless it is in writing, she'll have a hard time proving any agreement existed in court. But you may have to take it there if she doesn't pay you... There is more information that we may be missing.

Good luck.