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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!uwm.edu!src.honeywell.com!The-Star.honeywell.com!umn.edu!csus.edu!netcom.com!johnwu
- From: johnwu@netcom.com (John M. Wu)
- Subject: apartment lease problem
- Message-ID: <1992Nov21.073739.10818@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- Date: Sat, 21 Nov 1992 07:37:39 GMT
- Lines: 67
-
- Here is the part that is "set in stone":
-
- I have an apartment lease with 3 roomates. My parents will be responsible
- for the entire rent if any of us can't cough up the whole rent. I have
- a roomate that I don't trust 100% to pay the rent knowing that not paying
- on time won't be a problem. This is the part of the lease I don't think
- I can change and I don't like it but moving out is expensive and
- more troublesome.
-
- The question:
-
- How can I discourage my other two roomates from not paying the rent on time
- if money for them gets tight. Here is what I've contemplated so far:
-
- 1) Sign a legal contract written by me (my only experience with law is in
- a business law course in college) stating that if my father has to bail
- my roomate(s) out, then this is considered a loan with a 50% origination
- fee and an APR of 19.8% (usual rate for credit card cash advances). But
- what should the contract say if they don't cough up the principal + fee +
- accured interst?
-
- Problem: One of my roomates doesn't give a damn about credit. Bouncing
- checks and loans from credit cards don't bother him. He thinks 19.8% APR
- is cheap. That's why I put in the 50% origination fee. He has paid rent
- one day late so far so I am worried. If I have to execute this, he probably
- won't cough up the cash with any great speed so how will I deal with that,
- in court? Then if I go soft on him with this agreement, then don't I
- encourage him to do it again? I guess my terms are really harsh but then
- again not paying rent and getting away with it is a worse outcome. But then
- I am a kind human being, not an Ebenezer Scrooge capitalist so I could get
- suckered into forgetting the penalties.
-
- I perfer to ask here this before I ask them: Is there any reason not to sign
- this if they intend to pay rent promptly every month?
-
- If anyone is a lawyer out there, what are the basics to making a legal
- contract such as this legally binding?
-
- 2) Make their parents sign the lease. The roomate in question has a problem
- with them so I don't think that is the correct path to follow.
-
- 3) Require a deposit which is forefitted if rent isn't paid. Roomates
- won't like this one.
-
- 4) Move out. I much rather not do this but I cannot let my parents be
- responsibe for this without a cushion of some kind. Of course, me moving
- out makes their rent exhorbriantly high and will crush them financially.
- This will probably happen if they don't agree to 1, 2, or 3.
-
- Any other suggestions? I prefer something not so harsh yet effective.
- Moving out should be the only if there is no fair way to deal with this.
-
- Sorry if I posted to the wrong newsgroups but an 'rn law' didn't turn out
- any relevant newsgroups.
-
- I prefer replies by mail. I will summarize for anyone who requests by mail
- as well.
-
- Thanks in advance for reading this and replying with advice.
-
- --
- --------------------------------------------------------------------------
- - John Wu "I saw a bird in my sight -
- - johnwu@netcom.com something dropped into my eye -
- - jmw@ocf.berkeley.edu I'm a big boy so I won't cry -
- - I'm sure glad that cows don't fly!" -
- --------------------------------------------------------------------------
-