My former roommate and I signed a year lease. She could no longer afford to live in the house, so she went to the landlord. The landlord let her out of the lease and I was no longer able to afford the house by myself.I paid and lost the whole $500 deposit and I've fronted bills for the past two months that she was unable but knew she needed to pay half of...
Basically, my former roommate and friend owes me about $500. She does not return my phone calls and she has not come back to get her stuff... I know where she is living now though. I have some documentation of our lease, the bills I completely paid for, bill notices I typed up for her, that she has thrown away, nasty e-mails that prove she needs to pay.
Will this hold up in small claims? What can I do to get my money back?
Please tell me your experience, what you think I should do, and what I need to do to prepare myself for this court process. Any advice would be great, and any steps I should or should not take.
Thank you!
2006-09-26 15:42:18 · 11 answers · asked by LZB217 2 in Politics & Government ➔ Law & Ethics
Here is a link that provides information on how to go about filing your claim. A step-by-step instruction on filing you claim
http://www.suetheairlines.org/01_main.htm
Also to be more specific, click on the state where you want to file your claim for additional information because every state has different laws on small claims.
http://www.suetheairlines.org/04_state.htm
2006-09-26 21:13:13 · answer #1 · answered by trojan 2 · 1⤊ 0⤋
Yes, you can bring your friend to court if that is what you desire. You say you have documentation and make sure you do. Show the lease agreement where she agreed to pay half the rent and if you have a written agreement that she aggreed to pay half all other bills you will need this as well. If you do not have this, then you would need to show a pattern of payment. Proof she was paying half of all bills prior to her departure. Make sure you have copies of all bills and all receipts and cancelled checks. In the future you should have a receipt book if you have a roommate and should write receipts for any payments they make to you for rent and for other bills. Keeping a written trail is key to any court case.
Secondly, I would think you have a rather strong case against the landlord. If the both of you were on the lease I do not see how the landlord could let one of you off the lease without the others written permission. The landlord should have checked with you to make sure this would not be an undue financial burden on you. I would contact your State's Attorney General's office and ask what you can do about this dilemma.
As for the deposit it is not stated why you lost it. If it was lost because you could no longer pay the rent and was taken due to back rent due, then I would go after the landlord. I would argue that you could no longer afford the rented property once the landlord broke the lease between you and your roommate. If the deposit was lost because of damage and the damage was caused by your roommate and not yourself, then you would have to go after your friend and then would have to prove the damage was her fault.
2006-09-26 15:56:24 · answer #2 · answered by Mr Mojo Risin 4 · 1⤊ 0⤋
As silly as it may sound, you may actually have some success by filing your case in small claims court, and then contact a network judge show like Judge Mathis, etc. Legitimatly, you and your roommate signed a lease. Whether or not your landlord let that person out of the lease, frankly does not matter, as the lease is a binding agreement. The only way your roommate has an "out" is IF the lease agreement allows the landlord to release her/him. If there is no clause stated in the lease, then, frankly your case if bullet proof. Regardless of trying to get on TV, if the lease is specific, and you have the documentation to back it up, any small claims judge will award you what you are owed. As someone who has been to small claims, and won, the trick is this, know your facts, be short and concise, and have documentation to back up your claim. You will win. Good Luck hon, sounds like you have a good case.
2006-09-26 15:59:05 · answer #3 · answered by jemmy 3 · 1⤊ 0⤋
This is a case you may be able to win. The problem with your statement is you say the Landlord has let her out of the lease.
If he let her out of the lease then how did he expect you to pay the whole amount? You may have to sue both parties. But do hold on to all the emails and keep track of any correspondences with her and the landlord.
Yes I think you can win.
2006-09-26 15:49:15 · answer #4 · answered by Anonymous · 1⤊ 0⤋
just make sure you have proof of the bills and the original lease with both your names on it. I think you might have to sue both the landlord and your roomie. I'd check in your cuty if they offer legal aide it's usually free and watch "The Peoples Court" or Judge Judy"....good luck!
2006-09-26 15:54:10 · answer #5 · answered by djjoecruz 5 · 1⤊ 0⤋
The former roommate should have done an inspection, listed the reasons why he wants to withhold from the deposit and addressed it accordingly from there...he gives you back your share of the deposit minus damages, since the real landlord would charge all leasees against the deposit he has. So roommate gives you back your share and either finds a new roommate or waits to get the whole sum back from the owner.
2016-03-27 12:35:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
When you go to court, you want to take everything related to the case, even if you think you might not need it. Take ALL receipts, pictures, copies of email, etc. Good Luck.
Have a great day!
2006-09-26 15:59:44 · answer #7 · answered by Uncle Alf 4 · 1⤊ 0⤋
Proof. bring all the proof you can carry, pictures, statements, wittiness. Also write down the dates, times, & what you said. or better yet record it!!! But rember If you do call her BE NICE the court will look faviour on you.
2006-09-27 01:17:48 · answer #8 · answered by shoot.bang 3 · 1⤊ 0⤋
Watch Judge Judy, and good luck!
2006-09-26 15:47:39 · answer #9 · answered by analyst 3 · 2⤊ 0⤋
if you go to court you will win.....if you try to collect you will lose.get over it
2006-09-27 08:31:21 · answer #10 · answered by Anonymous · 0⤊ 1⤋