I have a roomate whom I asked to leave. Its a long story, he refuses to split utilities after he originally agreed to. He has been verbally harassing me on a daily basis (i.e. screaming profanities, trying to tell me I cant have guests, cant make a single noise, etc) Finally he egged his gf to punch me in the face after I asked her to leave bc she is basically squatting (living rent free and utiliy free when she is not on the lease). I had the police escort her out and I filed a claim against her for hitting me. I want to take him to court and sue him for all the back utilities he owes, for the damages he left to the room, (drew on the walls, ripped up the floor) also i suspect he kicked and abused my dog (she has bruises on her butt and I certaINLY DID NOT DO THIS) I am planning on taking her to the vet to get an official analysis if it is in fact inflicted abuse. Finally I am suing for harassment. Normally I would not go this far but I feel violated after someone physcially attacking
2007-05-21 01:54:15 · 7 answers · asked by spadezgurl22 6 in Politics & Government ➔ Law & Ethics
me, I think people should be held accountable for their actions. He claims he is going to "squat and not vacate, continue not paying rent until somone formally evicts him" , I plan on suing him for all the damages including harassment, how do I got about doing this? If I take him to small claims is it guarenteed if he doesnt show up that they will still hear my case? Should i obtain a lawyer> Does anyone have any legal advice?
2007-05-21 01:55:44 · update #1
To sue in small claims court, you really do not need a lawyer, once you can prove your case you will win, make sure you have everything documented , take pictures of everything.
If you're in NY and the person has been liivng there for over 30 days, regardless if they're on the lease or not, you just can't ask them to leave or kick them out.
You will have to try and evict them or have the landlord evict them.. However, you can sue in small claims court if you have written proof that the person was supposed to pay part of the utilities and such, and also proof that you paid it all.. without proof it's your word against his.
As for the physical abuse, have them arrested, get some type of police report or something so you have proof to sue in small claims court./
2007-05-21 02:15:23 · answer #1 · answered by Chef D 4 · 5⤊ 0⤋
Hooh, boy, do you have a headache.
You can't get an eviction order from Small Claims Court. You can get a money judgment, but this piece of work is going to make it impossible to collect.
If you currently have a decent credit rating, use it to get a new lease asap, vacate (break the lease) and turn off the utilities. The money that this useless piece of trash owes you is gone with the wind, and your life is a wreck. Cut your losses now, tell the landlord that the illegal sublet is making your life impossible and why for pity's sake didn't they enforce the lease while it was possible to avoid this mess.
Your credit rating will take a dent, but you will have a good explanation. Take photos to document the damage the roommate did.
Anyone who encourages a third party to assault a roommate is dangerous. You should relocate urgently.
2007-05-21 02:37:24 · answer #2 · answered by Anonymous · 2⤊ 0⤋
If your name is the only one on the lease, call the cops TODAY and have the unwanted persons removed. BOTH of them.
If he's not living up to his agreement and brought in his gf to live there free, he has broken your agreement.
Take him to small claims court for the damages, unpaid rent and utilities. That is what small claims courts are for.
The physical assault is something else. You can have him charged with aggravated assault. NOBODY should be physicallly assaulted.
Do it right away before things get out of hand!
2007-05-21 02:08:04 · answer #3 · answered by fiddlesticks9 5 · 1⤊ 0⤋
Yes file for an eviction and sue in small claims court even if he does not show up you will still be heard it just makes him more guilty. If in fact he did abuse your dog and because his girlfriend hit you,the police should have made him leave,but regardless I would have him arrested for assault and harassment and cruelty to animals. Good Luck and God bless.
2007-05-21 02:07:29 · answer #4 · answered by lagies mommy 2 · 1⤊ 0⤋
Legally you in hardship being 18 her mom can call the police and declare what ever she needs too. in case you have been 17 and he or she replaced into 15 while she conceived its no longer satitiory rape yet you have chose to have information the she replaced into pregnant earlier you turn 18 from her docs which will instruct you ways to there. You acceptable guess is to get a legal expert and characteristic her get emancipated from her mom. You in a warm situation yet i could extremely threat detention center then pass away my lady pal and infant homeless.
2017-01-10 12:09:52 · answer #5 · answered by ? 4 · 0⤊ 0⤋
GET A LAWYER!
That is a case you could definatly win!
2007-05-21 02:05:45 · answer #6 · answered by Anonymous · 0⤊ 1⤋
you answered it yourself ... "URGENT" means you need an attorney. You want one well versed in your local community in tenancy issues (wherever that is).
2007-05-21 02:06:24 · answer #7 · answered by Spock (rhp) 7 · 2⤊ 0⤋