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View Full Version : Can I take roommate to small claims court for unpaid rent on verbal agreement


JJJux
Jul 15, 2012, 07:59 AM
I made the common mistake of trusting a good friend.

I was best friends with this girl for about 3 years, and when we both got accepted to the same program at the same college, we talked about getting an apartment together (with me and my girlfriend). So We decided to get a 3 bedroom apartment and split the Rent/Utilities (400/400/500) I paid more because I had the master suite. I was currently in a 1-bedroom with the lease in my name, and in order to get out of that lease, this 3-bedroom had to go completely in my name, which I didn't like, but I went with it because my girlfriend and best friend were trustworthy and I knew they would pay their part.

Right before we signed the lease my best friend had some family issues and was worried about money, so I decided to help her out and only make her pay 200 while she was going through that, also she was saying that she was only going to stay Mon-Thu, So I felt it would be fair for her to pay only 200 for a while. So we agreed to pay 200/500/600 for a while, which was more than I wanted to spend, but I was willing to help out as a friend.

She paid $800 for Jan, Feb, March, April, when she got disbursement from a student loan. She moved stuff in and set up the room In January and was staying every week as planned, but as time went by she was staying less and less, she was studying with me less and less, and spending less time with me and my girlfriend (we were supposedly her best friends).

In about April, after trying to fix the friendship a little, she informed me that "she wasn't sure if she was going stay". I reminded her that she agreed to stay until December (a full year) and that she would really be screwing me if she left me with $1300 apartment. She then decided that she would stay and continue paying until the end of the summer (Until August) which was still disappointing for me, She agreed that she would find someone to sublet her room and pay her part, I told her I wasn't really comfortable having someone else stay here besides a close friend, but if he found someone good and responsible to pay $400 a month, I would consider it. She agreed to try to find somebody and paid me $200 for May.

When July rolled around she informed me that even though she agreed to pay through the summer, she was getting cut hours at work and couldn't afford to pay me for June, July, or August. She wasn't able to find anybody to rent the room, and I honestly think she never even posted an ad or anything. She is really leaving us screwed, We can't afford the rent by ourselves, the lease isn't over until December, and the apartment complex won't allow me to move to a 2-bedroom or any cheaper unit (they have a policy that you can upgrade but never downgrade).

So as of now, She hasn't paid anything for June or July and all her stuff is still in the room, a bed, shelves, pictures, tables, a lamp, hair products, bathroom stuff, etc. I keep telling her she needs to pay and get her stuff out, but she refuses, or makes excuses. She claims she doesn't owe me because she hasn't been staying there and she claims I changed the locks, but actually the apartment complex changed the locks when I lost a key, and I made her a new copy, and put it in her room and sent her message to let her know.

Tell me what you think? Should I take this to small claims court? Should I talk to one of the Judge TV Shows? Should I just forget about it? Can I sell her stuff?

I have lots of text messages concerning rent, concerning being roommates, and there are many many people that can witness that she moved in here and lived here (including my girlfriend, my mom, and some mutual friends). I have maybe 5 very very credible people who can attest that she was living there, plus the text messages, and Facebook posts too where she shows off her new room and calls my girlfriend and I her roommates. Any thoughts?

JJJux
Jul 15, 2012, 08:08 AM
Also, I should mention, her and her family have plenty of money, they all work full time and have healthy savings accounts, plus next month she will be getting a disbursement from the University worth about $4000 dollars meant to pay for books, housing, and living expenses, so it's not that she won't have the money to pay me, she just doesn't want to.

Fr_Chuck
Jul 15, 2012, 08:22 AM
Yes you have rights to sue for your money. It is sad people will be responsible and pay as promised.

ScottGem
Jul 15, 2012, 08:43 AM
First, most of that was superfluous. The fact is you have an agreement and you can prove that agreement by the rent she has paid.

But since you didn't get a lease from her (mistake on your part) she is a month to month tenant and can leave with a month's notice. If she leaves you with rent owed, you can sue her for that amount.

JJJux
Jul 15, 2012, 11:29 AM
First, most of that was superfluous. The fact is you have an agreement and you can prove that agreement by the rent she has paid.

But since you didn't get a lease from her (mistake on your part) she is a month to month tenant and can leave with a month's notice. If she leaves you with rent owed, you can sue her for that amount.

Ok, so since her stuff is still here occupying space, isn't she still responsible for the rent? How much should I sue her for She paid for 5 months, I was expecting to pay 12 months, so should I go for $1400, to cover her $200/month for the remaining 7 months? Or should I be asking less than that? Or should I have her get her stuff out by the end of the month and just pay me $400 (for June and July)? Is $400 even worth filing a small claim? I'm still confused about what I should do or shouldn't do?

JJJux
Jul 15, 2012, 11:30 AM
Yes you have rights to sue for your money. It is sad people will be be responsible and pay as promised.

How much should I sue her for She paid for 5 months, I was expecting to pay 12 months, so should I go for $1400, to cover her $200/month for the remaining 7 months? Or should I be asking less than that? Or should I have her get her stuff out by the end of the month and just pay me $400 (for June and July)? Is $400 even worth filing a small claim? I'm still confused about what I should do or shouldn't do?

ScottGem
Jul 15, 2012, 11:32 AM
You have no agreement to support asking for 12 months rent. You ask for rental up until she vacates. So essentially you wit until she vacates. If you want her out so can get a new roomie, then serve her with a pay or quit notice.

JJJux
Jul 15, 2012, 01:00 PM
You have no agreement to support asking for 12 months rent. You ask for rental up until she vacates. So essentially you wit until she vacates. If you want her out so can get a new roomie, then serve her with a pay or quit notice.

Ok, And she has still not vacated because her stuff is here, right? So I probably shouldn't sell all her stuff, right?

If I move out In December and she still hasn't got her stuff, is there a good chance I can get a judgement for the whole 7 months she hasn't paid?

The apartment complex may let me out of my lease on August 8th, if they have someone who wants my apartment. If they do that, what should I do? Sell her stuff? Donate it to charity? Deliver it to her an hour away?

I am having a hard time keeping up with money ever since she stopped paying, This is the problem, I need money like yesterday. I'm trying to figure out how much money I should be trying to get from her, and how I should get it and when I attempt to get it? I don't want to start fighting too soon, and I definitely don't want to wait too long to act, either. What should I do? Should I go to her work and hand her a bill for the rent? Or should I send a certified letter? Or talk to an attorney? Or file a small claim with the court? As you can see, I have no experience with this process.

ScottGem
Jul 15, 2012, 02:44 PM
You can hand her a letter. You can tell her if her stuff is not out out by a certain date it will be thrown out.