My boyfriend and his ex lived together for 2 years. Four days before they were to renew their lease, she decided that she was moving out. This gave him no time to find another roommate or find a new place so he had to re-sign his lease and stay in an apartment by himself that he could no longer afford. This caused him to go through some real financial problems having to borrow money from family. Another thing, she just recently moved into a new place and finally (after 3 or 4 months) moved all of her crap out of his place. So essentially for 3 months he was her storage unit. Prior to all of this taking place, he borrowed money from her which she is now asking for back. I don't think he should pay her all of it, I think he should pay her the excess of what the rent was for the month that she moved out, since she didn't give 30 days notice to him or their landlord...plus he stored her stuff for her. I want to know if that's legal, since she didn't give 30 days, and moved out...?
2006-11-17 03:42:41 · 9 answers · asked by bettedaviseyes79 2 in Business & Finance ➔ Renting & Real Estate
If she had given him 30 days I would understand, but 4 days before rent was due??? If I'm right and legally he doesn't have to, can you give me some support proof. Thank you very much.
2006-11-17 03:43:49 · update #1
Thanks for opinions...but I need proof I'm correct...has nothing to do with the choice he makes.
2006-11-17 03:58:21 · update #2
I think it's funny that if a man is nice and considerate, it means he has no balls. He didn't throw her stuff out because he's not a complete jerk and even though she left him in a bad spot, wouldn't do that to anyone. I understand he signed the lease on his own, but really he had no choice. Okay, say she moved out August 25th, and rent is due on the first...is she supposed to pay rent through September 25th (which would be 30 days, had she given notice)?
2006-11-17 06:21:16 · update #3
Quite a lousy situation. However, my take on it is this. Sounds like your boyfriend holds some of the cards here. Unless his ex had a signed contract with him regarding the money she had loaned him, she would be hard pressed to get it back unless she is willing to go through some major legal wrangling. And yes, he was being used as a "storage unit" so he should definitely be entitled to the market rate of what that would have cost the ex had she done it properly. I know what I would do. Don't pay her a cent and dare her to try to take it to court. In fact, you probably would have a better chance to prevail in a lawsuit you would bring against her considering the lack of 30 day notice as added ammo as well. You may want to consider small claims court, since you could most likely do this on your own w/o lawyering up.
2006-11-17 04:01:41 · answer #1 · answered by Rckets 7 · 1⤊ 0⤋
He has no case. He renewed the lease and her name wasn't on it right? She's not obligated to anything if there wasn't an 'agreement' set forth. And if he renewed the lease and signed her name to it then that's still a null-and-void contract.
Plus why did she move out? Something doesn't add up. If she really left him 'high-and-dry' why did he go to her to borrow the money? The last person I'd want help from is the person who stabbed me in the back. Perhaps she had a good reason for moving out - or maybe it was something that had been 'discussed' and he's just not telling you.
If he borrowed money from her "after" they were a couple and he promised to pay the money back - then YES he should honor his word. If he wanted compensation for her moving out or for storing her belongings he should have said that prior to now. He could have found a more affordable place in four days I know it sounds difficult to believe, but it can happen. Some people find apartments within hours. Staying in the apartment and renewing the lease was HIS choice.
Tell the man to pay up and move on.
2006-11-17 03:54:36 · answer #2 · answered by The First Lady 5 · 0⤊ 2⤋
Did he sign a note that he owes her the money he borrowed? If so, he's probably out of luck - not fair, but life isn't sometimes.
If he did not sign anything and she has no proof that she gave him a loan, then he could probably deduct storage fees for her stuff (not the whole rent) from what he owes her. There wouldn't be an official loan from her either, so it would be back in the arena of what's right, not what's strictly legal.
Laws can also vary from state to state.
If he wants to be sure of his rights and responsibilities, he should consult a lawyer, not Yahoo answers. If I had a dollar for every wrong answer I've seen here, I'd be really rich!
2006-11-17 04:17:12 · answer #3 · answered by Judy 7 · 0⤊ 1⤋
There is no case at all here. He signed the lease on his own. There is no law out there that requires a time requirement for notice on signing a new lease.
As for the money borrowed, If he said borrowed, loaned or anything that indicated a payback on his part then it was a loan and is required to be repaid. So if he doesn't pay it's he that can be sued by her.
As for her stuff being at his place for 3-4 months, she must have neutered him or something because anyone with a set of balls would have thrown her stuff out.
2006-11-17 05:58:05 · answer #4 · answered by Nicholas M 3 · 0⤊ 2⤋
Well, good question. He can sue for the very short notice for that month. I do however suggest he pays back the money he borrowed for character reasons. Make sure he gets some kind of reciept from her. If she used his apartment as storage and he couldnt enjoy and use to space it used up, maybe he get a judgement for it, maybe. I do suggest for him to file the same claim.
2006-11-17 04:31:17 · answer #5 · answered by Anonymous · 0⤊ 1⤋
No she did him wrong.She has to give him a 30 day notice in order to move,plus if i were him i would have never let her use me as a storage space.It is on tv everyday where this has happened to someone(judge shows) he should take her to small claims court,and sue her for money owed.,it will clear his name and also she will have to pay the court cost because she is wrong.tell your boyfriend to have all his dates and papers in order when he goes to court.
2006-11-17 03:57:42 · answer #6 · answered by slickcut 5 · 1⤊ 0⤋
I totally agree.
She should have some financial liability for the storage of her stuff + lack of sufficent notice which caused him losses.
2006-11-17 04:17:46 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No one has a case here... nothing in writing.
He should pay her back, less compensation for one month rent and extra for storage. He should only pay her back AFTER he has paid back everyone else.
2006-11-17 04:26:20 · answer #8 · answered by HMMMMMM 3 · 0⤊ 0⤋
not a lawyer and have no proof, but sounds like he has a case... he could try small claims, the most they will do is say no.
2006-11-17 03:53:37 · answer #9 · answered by who be boo? 5 · 1⤊ 0⤋