My Roommate is Impossible

[sooverit]

Jurisdiction

California

I need some serious help here with how to get my roommate to move out. We have irreparable differences and it has turned into all out war and she is now refusing to pay all of her half of utilities because I run the A/C. My landlord has graciously allowed her to get out of the lease with no penalty and he would be returning her entire deposit to her (which she is aware of). I found someone to replace her, had her credit run and she is approved and as of today my roommate said that she isn't moving out. My landlord is agreeable to completely terminating the lease with both of us but I don't think he has legal pretense to do so. I am willing to pay for movers to get her out but she has blocked my number and told me to communicate via email or in person but our opposite schedules don't allow an in person conversation that isn't pre-scheduled. She gets home at almost 1 am every night and wakes me up. I work at 8 am and I am losing my mind from lack of sleep and now on top of that she isn't agreeing to pay her half of utilities and they auto debit from my account. I have even debated not paying rent and getting evicted but the landlord is my best friends husband and I could never do that to them. I really don't know what to do, she is just being vindictive and a total terror to live with. She even agreed to move out and now she has changed her mind. I have tried to talk to her and it gets no where, she currently occupies a room, a half of another room and 5/6 of the garage which was not agreed upon when she moved in. I just want out and I don't want to be petty and remove my stuff from the house but I don't know what else to do. Any suggestions are greatly appreciated.

 

[zddoodah]

Are you under a long-term lease or a month-to-month lease? If the former, when does the current lease term expire?

Assume you don't have any sort of written agreement with your roommate.

 

[sooverit]

It is a Long-Term Lease, it expires 02/28/2019. We don't have a written agreement but I do have text messages of her agreeing to pay half of the utilities. We are the only two people residing in the townhouse. My landlord is willing to void the lease completely I just don't know if he can legally do anything without me or her violating the lease which I am at the point of if it means I can get out.

 

[mightymoose]

I think you answered your own question.

Your best and easiest solution is to move out. You already found a suitable new tenant, so the landlord may be willing to allow you to leave just as easily.

The bill is in your name so you are responsible for paying in full. If your roommate fafai to uphold an agreement and you can't resolve it then it will have to be resolved in court.

 

[sooverit]

I think you answered your own question.

Your best and easiest solution is to move out. You already found a suitable new tenant, so the landlord may be willing to allow you to leave just as easily.

The bill is in your name so you are responsible for paying in full. If your roommate fafai to uphold an agreement and you can't resolve it then it will have to be resolved in court.

Yea my only issue is the suitable replacement is a friend of mine and was expecting to live with me and I don't think she will sign a lease with her. I can't think of anyone that would want to live with her. The owner is my best friends husband and he is trying to find a way to cancel the lease entirely so we both move out. I have somewhere to go, she does not, and is making it hell for everyone involved.

 

[mightymoose]

If he lets you go and she fails to pay he can begin an eviction. Once you are gone and the utilities aren't getting paid she will likely bail out.
The landlord has options.

 

[sooverit]

If he lets you go and she fails to pay he can begin an eviction. Once you are gone and the utilities aren't getting paid she will likely bail out.
The landlord has options.

I can't move out without replacing my spot on the lease which would require her signature for a roommate swap. My landlord is scared to do anything because her boyfriend is a law student and she makes comments about it constantly. I'm at the point where it looks like I am going to have to leave, shut off power, and continue to pay my rent because she won't agree to anything. She blocked my cell. My parents said to ask her what it would take to get her to move out but she isn't here until 1 am and I don't trust that any verbal agreement will be followed through on her part. I would like to do some sort of mediation which I thought my landlord would facilitate but now he won't. I'm at a loss and working on 3 hours of sleep a night. I'm losing my sanity.

 

[army judge]

Your dilemma illustrates why ADULTS shouldn't live with roommates.

When you DO get out, don't get another roommate.

Adult roomies rarely end well.

Why?

Marriages fail at a very high rate.

Adult roommates fail at an even higher rate.

Heck, it's a rare ADULT who can reside with his or her parents.

 

[zddoodah]

My landlord is willing to void the lease completely I just don't know if he can legally do anything without me or her violating the lease which I am at the point of if it means I can get out.

The lease cannot be terminated early without a violation or agreement by all parties.

Since your landlord is a friend, maybe you can work something out whereby you create a violation that allows for eviction but then you pay some amount to the landlord to compensate. Then you could come back to the same place under a new lease. It's not a foolproof strategy, however. Among other things, you could incur liability to your current roommate.

If you do get another roommate at some point, come up with at least a basic roommate agreement.

 

[sooverit]

The lease cannot be terminated early without a violation or agreement by all parties.

Since your landlord is a friend, maybe you can work something out whereby you create a violation that allows for eviction but then you pay some amount to the landlord to compensate. Then you could come back to the same place under a new lease. It's not a foolproof strategy, however. Among other things, you could incur liability to your current roommate.

If you do get another roommate at some point, come up with at least a basic roommate agreement.

I was looking into those options last night but as you said I could incur liability to my current roommate and I don't want to deal with her any more than I have to. I was willing to pay for her movers if she just moved out but after she woke me up at 1 am for the 2nd night in a row I'm at my wits end. I can't even keep my eyes open or function at work and I am falling apart. I'm at a loss to understand how someone can act like this at 32 years old. Roommate agreements will be necessary from here on out, if I ever live with another roommate again. Thank you for your help.