I have been renting an apartment for 17 months. THis is 3 bed. Apt and there is only 2 people on the lease, a friend of mine and myself. After we began living there we found one more roommate to share the whole apartment with us. However, 2 months after that, my friend moved out of state for working purpose and I promised to take care well the apartment until he comes back. Then I found another roommate. So far I always keep at least 3 people living in the apt. recently I have had a problem with one of my roommate who has been living here for 14 months. He complains because I overcharge him and asked me to give him the money back. Here is what he complains about:

The total rent for the whole apartment is $1130. He pays $430 for his own room. I also charge other roommates and the total adds up together is $1400. After writing a check for rent the rest is used for utility bills, Internet. Sometimes I have to put more money to pay for that because if someone moves out and I couldn't find others to move in or the bills are too high, and sometimes there is an extra. Now the guy asks me to pay him at least $1500 back for the amount I overcharged him.

The problem is 6 months ago, I temporarily switched place with another friend of mine and now he is still living in my apt and taking care of that apat for me, and I stay at his. The reason I do so because his apt is very close to my school and I though I would stay there for 1 semester and come back after my graduation. Before moving to that place I talked to the manager and she said it was OK. Besides, I still coming back to write check for the rent, take care the bills and hang out with roommate.

My question is if the guy can sue me for overcharging him or not. He also threathens me that he is going to sue me because I am not living there while my name is on the lease.

Please help me, What should I do in this situation. Oh one more thing, there is no paper contract between us, I told him this was month to month rent, he can move out anytime provided me a month notice

He is subletting from you. That makes you the sublandlord and he is the subtenant. Since you are the sublandlord you can charge him whatever you want as rent. There is no obligation for you to charge him one-third of the total rent that you pay. You can charge him $100 per month or $1,000. It is completely up to you. As you said, if he doesn't like it anymore he can give you 30 days notice and find someplace else to live. As for whether you live there, that is none of his business. You have made your arrangements with your landlord and that is all you have to worry about.

I can't see how he has any basis for suing you.

He agreed to rent at a certain price ( you should have done it in writing)
Next of course if you told them you were splitting the rent then that is different.

If he agreed to rent, the amount you pay is not part of the issue. Charging each sub-renter more is normal and customary.

He can sue you but he most likely will loose.

Doesn't sound like he has much of a case.

The fact that you aren't living there is bo grounds for him to sue you.

Re: the rent. First, you should put it in writing.

Second, did you say, we spilt the rent 3 ways? Or did you tell him up front, 430 a month? If you told him 430 a month, they he has not case against you at all.

In order to bring a lawsuit you have to have something we in the law call "standing" (or a basis to sue based upon your relationship to an issue). As far as suing you for not being present in the apartment, he would have no standing to sue, because he is not a party to the lease. Just like I couldn't bring a lawsuit for battery against someone who punched YOU in the face.

You can sublet at any price, if he doesn't like it, he can move.

Thank you for all of your comments and advice, I will talk to the guy and see if everything can be solved out side of the court. Now I already moved back to the apt. Do you think I can evict him out given him 30 day notice and what if he will continue to stay and not paying for rent.

Check your local laws. Some places its 30 days, some places it short or longer.

After the 30 days or so, you can go to court to have him forceablly removed.

Everyone has hit on the issue - it is best to have these things in writing. One great way to do this, besides a lease, is to have everyone enter into a Roommate Agreement. A good roommate agreement will cover everything from lease liability to utilities to house rules. Here is a link to learning more: http://bit.ly/9CClxu.

Right now, though, based on the facts as you've laid them out, I (I'm a licensed attorney) don't think he could sue you. Keep in mind, though, that while he could bring a claim, which would force you to spend money and time on the matter, he likely wouldn't prevail - particularly if you can prove that he agreed to pay the higher amount (which he clearly did since that is what he has been paying). Hopefully, you've kept good records on the rent payment.

Kathleen Johnston
CFO/GC
WilliamPaid
Www.williampaid.com