This summer, i asked my bf to move in with me into the house i was renting. He was broke, i helped support him for almost month. He finally got a job, and soon thereafter i was layed off from mine. A couple months later, having spent all of my savings, he offered to help me pay rent, and i let him. Long story short, a few months later, we went through a pretty horrible break-up, but he refused to move out. We argued for weeks until i finally agreed to move out (to my great disgust). My landlord transfered my lease over to him and my ex promised to pay me the deposit i put down on the house. But now, my ex says that i owe him money from when we were together and he won't give me my deposit. I really need it so i can find another place to live. p.s. i can't afford a lawyer...
2006-11-27 12:34:47 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The question is not 'what rights do you have?' its what claims can he make on you and how can these be honored? If the landlord is paid, then the landlord is out of the issue. Without a written contract between you and xbf, there is no course for a court to take. And frankly what court would want to deal with this issue. I realize it important to you but its a fairly petty matter
Just walk away
2006-11-27 12:43:20 · answer #1 · answered by mike c 5 · 0⤊ 0⤋
Well if you can't afford a lawyer there is nothing you can do. Go to the landlord and see if he can do anything about it, but I doubt it. You never should have been the one to move out anyway. If his name wasn't on the lease and all he was doing was giving you money to pay to the landlord then legally he should've been the one kicked out. It was wrong of you to cave to him. All you needed to do was call the cops and tell them that he wouldn't leave YOUR house, and he couldn't have done anything since his name wasn't on the lease. You would've just had to give him a day or two to get his stuff out of the house. As for you owing him any money, you owe him nothing unless you had an agreement written on paper that you would pay him back any money he spent on you, which I'm sure you don't, and if you do it was probably never legalized. Your pretty much stuck now since the lease is now in his name. You could call a lawyer and talk to him for free to see what he thinks about the whole thing, but 9 times out of 10 he'll want money, and that'll be the only thing he is interested in.
If everything else fails you can always try small claims court and see what they can do for you.
Hope this was helpful
Matt
2006-11-27 12:37:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Small claims court, but if you lose, be prepared to pay the fees. Also, if you don't have reciepts, it will be your word against his, and technically a judge cannot rule when there is no proof of the money loaned and spent. This works for both you and him. I understand that you weren't thinking about this as you loaned him the money, but it's really the only legal way, unless a verbal contract in your state is binding, but that can be sort of hard to prove, as well. A statement from your landlord may prove the case with the security deposit, though. You can always contact a lawyer or a free law helpline, they have them in many states, or go to a website, type in your state's name and "free law advice" after it. Good luck.
2006-11-27 12:43:49 · answer #3 · answered by Euralalya 5 · 0⤊ 0⤋
Dependant on the state in which you reside, laws of habitation or (Co-habitation) are concise with respect to the terms of leases.When you transferred the lease into his name was when you should have asked for your deposit back from the land lord or your Ex before signing the lease over to him.Depending on what the lease agreement states you may still have a chance yo recoop losses through civil small claims .Do you have any witnesses as to the promise to return the deposit and was there a time frame in which to do so?,anything in writing?,collect theses for court as well as checks,statements and bills paid for the duration of you lease to show your support of him in that time.Include everything you paid or loaned to him and if and what he gave or loaned you during the same period and PLEASE dont omit or try to make anything up for it will play into his hands and come back to bite you in court.If its equal or more on your side of the support , you'll more than likely be awarded your deposit and court costs(Loser Pays) Sry i couldn't be of more Help with the info i have. Good luck and the lord watchover and keep you safe.
2006-12-01 05:27:11 · answer #4 · answered by spider7455 1 · 0⤊ 0⤋
You could try Judge Judy.
Your apartment, Your money. The landlord should have returned the money to you. Talk to the landlord and find out why he's giving your money away to some one else.
He is responsible to return your security deposit, to you not the current resident of the apartment.
Case One. you vs bf
you own nothing as you were in a relationship where you were supporting each other. After the relationship went bust, all bets are off. As in if you borrowed or used money from the bf then your responsible for that portion.
Case Two you vs landlord
he is responsible to return your money to you.
2006-11-27 12:47:35 · answer #5 · answered by Old guy 124 6 · 0⤊ 0⤋
Take him to small claims court....You paid the deposit before him...Watch Judge Judy, she has these types of cases all the time and they never win....what you spent on each other while you were together is irrelivant, unless you had a contract. Take him to small claims court, and be sure to bring any and all paperwork to show that you did pay the deposit (banks keep cancelled checks for quite a long time)...Good luck!
2006-11-27 12:40:03 · answer #6 · answered by miketull8 1 · 0⤊ 0⤋
YOU CAN AFFORD AN ATTORNEY! Please contact me at anytime. I will explain in detail how you can get in touch with one of the TOP Law Firms in your State. This is VERY affordable and it will grant you access to your Legal Rights. This means you can pick up the phone and talk to an Attorney 24hours a day on any Legal matter. They will review unlimited documents/contracts and go over each part step by step with you. This Legal Plan will cover your entire family and give you "Piece of Mind." I will save you time and money. I hope to hear from you.
Good Luck,
Jon
2006-11-27 14:47:17 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Unless he's got something in writing, he cannot lawfully collect from you. The next time he comes over to demand money, call the police and explain that he is trying to extort funds from you. Then file a restraining order to keep him away. Most times those don't work, but you need to be on record with an account of his behavior.
2006-11-27 12:40:24 · answer #8 · answered by Reo 5 · 0⤊ 0⤋
The thing is, that you supported him for a month and he supported you, what seems for longer than that. He promised to pay you the deposit you payed, but unless it's on paper, there is no way you can get that money. Good luck.
2006-11-27 12:40:05 · answer #9 · answered by Enterrador 4 · 0⤊ 0⤋
it depends on the state you live in, every state is different in terms of common law marriage, life partner, secondary provider, there are tons of factors....need to know where youre @
But since you cant afford a lawyer, all you can do is bring civil action against him, (sign an affidavit) and we'll see you on People's Court - and if you can get a judgement against him, he'll have to pay or have is wages cut. But youre pretty much screwed as it is simply your word against his, and remember poossession is 9/10ths of the law.
2006-11-27 12:43:13 · answer #10 · answered by Anonymous · 0⤊ 0⤋