Rental law - Partner not coming

[Minh]

Hi everyone,

I want to tell you my situation and please give me an advice asap. Thank you!

9 months ago, I and a guy (A) decided to rent a room and share the money, A asked me to do that and I agreed. We share the entrance fee, with a contract with both of us and the owner. But the guy for some reasons couldn't come to live. And he said that time he didn't have money to pay me for the first month.
Now his name is still in the contract, I asked him today to pay me some amount of money because every month I had to pay a lot of money for a big room. I found that's unfair for me. But he seems to not agree with that. I had to pay 7man each month, I asked him to pay me 2man for all the months before. but he didn't reply me yet.
How should I do? Thank you. Look forward to your responses.

 

[Mike Cash]

Your choices seem to be:

1. Go to court
2. Forget him and move to a place you can afford

 

[Grandpa Frank]

Perhaps you could put an ad in our CLASSIFIEDS section here with all your info and say you are looking for a roommate to share rent as soon as possible. You might get lucky and find a good roommate to help with your problem.

 

[Glenski]

Have you told your landlord?

 

[Minh]

Your choices seem to be:

1. Go to court
2. Forget him and move to a place you can afford

I'm going to the court, but this is my first time, do you have some advices for me? Thank you for your response!

 

[Minh]

Perhaps you could put an ad in our CLASSIFIEDS section here with all your info and say you are looking for a roommate to share rent as soon as possible. You might get lucky and find a good roommate to help with your problem.

Thank you, I think according to the rental law, the dude should be responsible for that, isn't it? Anyway, thank you for your response!

 

[Minh]

Have you told your landlord?

Yes, I have. I've negotiated with him this afternoon but he didn't accept my request of reducing the rental fee every month.

 

[Mike Cash]

I'm going to the court, but this is my first time, do you have some advices for me? Thank you for your response!

Even if you go to court and win, it can be very difficult to enforce the court's judgment ( = collect money from the other guy).

You can go through small claims court on your own (no lawyer), but you're going to have to do everything in Japanese. It might be best to consult a lawyer.

If it were me, I'd just move to a place I could afford alone and forget about it.

 

[Minh]

Even if you go to court and win, it can be very difficult to enforce the court's judgment ( = collect money from the other guy).

You can go through small claims court on your own (no lawyer), but you're going to have to do everything in Japanese. It might be best to consult a lawyer.

If it were me, I'd just move to a place I could afford alone and forget about it.

Thank you, I wanted to tell you the whole story about the guy now.
He's a Chinese guy who was my co-worker at my old company. Through his appearance, I thought he was a good and hard-working guy. I taught him programming a lot on weekends and I didn't expect anything from him, because I'd just like to help people and show people what I know. But after he kept giving me out of date foods, I knew that he was a ****** up guy. Now, I want to teach him a lesson of "You reap what you sow". Can you tell me more about "small claims court"? How can I consult a lawyer and how much will it cost? Thank you so much!

 

[Mike Cash]

簡易裁判所

Contact the section at your local city hall which handles foreigner registration. They can help you find legal help in your area. Or you can try directly contacting the bar association (lawyer's professional association) in your area and ask them to recommend someone.

Quite honestly, I think you will only be losing even MORE money by pursuing this. Lawyers cost money and the chances that the other guy will actually pay you anything is low. Even if you win a civil case it can be very hard to get the other person to actually pay you.

 

[Glenski]

Your landlord is also being unreasonable, considering both you and the Chinese guy signed the lease. I would have expected the landlord to try getting money out of him. You REALLY need to get good legal advice in how to get out of this lease, OR get a roommate fast (and be sure you get a new contract which both of you sign).

I honestly don't know why you chose this guy to be a roommate after he gave you outdated foods.

Mike Cash wrote:

If it were me, I'd just move to a place I could afford alone and forget about it.

He signed a lease. Are you suggesting he just leave without saying anything to get out of it legally? Just curious.

 

[Minh]

簡易裁判所

Contact the section at your local city hall which handles foreigner registration. They can help you find legal help in your area. Or you can try directly contacting the bar association (lawyer's professional association) in your area and ask them to recommend someone.

Quite honestly, I think you will only be losing even MORE money by pursuing this. Lawyers cost money and the chances that the other guy will actually pay you anything is low. Even if you win a civil case it can be very hard to get the other person to actually pay you.

Thank you, so according to you, what I will get if I win the court is an apology?

 

[Minh]

Your landlord is also being unreasonable, considering both you and the Chinese guy signed the lease. I would have expected the landlord to try getting money out of him. You REALLY need to get good legal advice in how to get out of this lease, OR get a roommate fast (and be sure you get a new contract which both of you sign).

I honestly don't know why you chose this guy to be a roommate after he gave you outdated foods.

Mike Cash wrote:
He signed a lease. Are you suggesting he just leave without saying anything to get out of it legally? Just curious.

I made a wrong decision because I trust people too much. He asked to live with me, so I thought he could teach me some Japanese, and I will teach him programming, and I will be more careful with him for those out of date things. But things beyond my imagination.

 

[Mike Cash]

Thank you, so according to you, what I will get if I win the court is an apology?

No, the court will order him to pay you some amount of money. But if he decides to ignore the court order it will be very difficult for you to collect the money from him.

Please check with your local city hall about legal advice. Many places special days where they help foreigners with legal advice for free (first consultation).

There is nothing more I can tell you except "Good luck".

 

[Mike Cash]

He signed a lease. Are you suggesting he just leave without saying anything to get out of it legally? Just curious.

No, of course not. I think he should get out of it legally. He has enough problems already.

 

[Minh]

No, the court will order him to pay you some amount of money. But if he decides to ignore the court order it will be very difficult for you to collect the money from him.

Please check with your local city hall about legal advice. Many places special days where they help foreigners with legal advice for free (first consultation).

There is nothing more I can tell you except "Good luck".

Thank you so much for your information. Thank you for spending time answering my questions. I'm appreciate.

 

[Mike Cash]

Thank you so much for your information. Thank you for spending time answering my questions. I'm appreciate.

You're welcome. Please let us know what happens.

 

[Minh]

You're welcome. Please let us know what happens.

OK, I will keep you posted on it!