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My roommate is going to take me to small claim's court. Her sister "is a lawyer". So I guess she thinks she has a case.
Short scenario: We were on the same lease at an apartment complex. All the utilities are in her name. And we broke the lease (through a 60 day notice) and now she's getting the utility bills and wants me to pay half of them.
Full scenario: She couldnt afford our apartment anymore, so she put in a 60 day notice wout my knowledge. Its not binding until I sign it. So she told me she'd pay to break the lease ($1000) by herself if I would just sign the 60 day notice. So I did. She went back on her word and told me I had to pay half of the lease breaking. & I did bc it affects my credit. So she wants me to pay half the utilities too which are all in her name. And, unless those things add up to more than $1000 ... Im not paying shiat.

If she has a case ... can I counter sue for my half of the lease breaking? will I need a lawyer if she gets one?

2007-07-19 07:15:30 · 2 answers · asked by Niki L 1 in Politics & Government Law & Ethics

We rented from an apartment complex. So we are DONE with that complex.

These utilities are NOT through the apartment or tied to our lease. These are through comcast. A separate electricity company. etc. Her name is SOLELY on those. My name is not on those at all.

BUT, I just dont know, since we were in a roommate situation, if the judge will be like "too bad so sad you used half the utilities, you pay for them"

This would all happen in small claim's court. I think the max she'd owe for utilities would be $500.

2007-07-19 08:19:26 · update #1

2 answers

Well, I'm not a lawyer, but I've had my share of legal-eagle acquaintances, and I've heard them say often enough that the law doesn't consider WHY you readily and willingly sign a contract. Once your signature is on it, and nobody held a gun to your head, you are stuck with the consequences. You signed the original lease for the apartment, and you went on to sign the sixty-day notice. I have a bad feeling, however, that that original joint leasing contract could be the fly in your ointment because you, in effect, became each other's co-signatur, and between the two of you, you are obligated to make the lessor "whole" as the legal expression puts it, for any and all fees and expenses that you jointly and individually agreed to.

When your joint tenancy started going south, whatever personal agreements and contracts the two of you came to between yourselves, the property owner might say are just that... between you, and do not override the fact that you jointly entered into a leasing agreement with HIM (or whoever) The lessor would, in this case, be able to make his claim for whatever monies are outstanding from the two of you jointly, and if he doesn't get full settlement from one of you, he can come after the other one. If you are forced to come up with some of the settlement that you think is not justified because of a subsequent contract between you and your fellow tenant, you may have to sue her for reimbursement as a separate legal action.

One way or another, I do hope you will make this a good life experience and gain some valuable knowledge from it for the future.

2007-07-19 07:39:59 · answer #1 · answered by Anonymous · 0 0

Sorry for her.
She's on the hook for the utilities.
She can sue but I doubt she will win.
Only problem is that should she sue you will need an attorney and hers is free.
If she goes through small Claims Court, you won't need an attorney.

2007-07-19 07:22:40 · answer #2 · answered by ed 7 · 0 0

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