I live with two other roomates, I can't stand living there, almost everyday I'm in my parents house. I didn't sign a lease with my tenant, but I did have contract with them. My parents no longer want to support me because they know how much pain that place has caused me, so they just want me to move out of that place.

I haven't pay the last month rent and this month now. Yesterday they sent me an email threatening me they would take me to court. I'm actually trying to come up with the money, but if I go to court how is the judge is going to rule me to pay immediately if I don't have any money now? Should I avoid going to court by settling this quietly? o

What do you suggest?

If there is a written contract, they can most likely prevail should they take you to court.

If they do win a judgment, the court won't make you pay on the spot, in fact, they won't make you pay at all. Even with the judgment, they (the person that sues you) still have to figure out how to get the money.

Some of their options include but are not limited to: garnishment of wages if you are employed, levy of bank accounts if they can find you account information, placing a lien on any property you may own, and in rare cases, levy of personal property to be sold at auction.

If you had documentation of all the "problems" you have had, depending on the circumstances, the judge could take that into account in his decision.

Good Luck to you!

Even in verbal agreements, you can be sued in court, if this is a month to month rental you need to pay last months rent, this months rent and will most likely be next month rent to cover a 30 day notice to move out.

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Originally Posted by lovenet

I live with two other roomates, I can't stand living there, almost everyday i'm in my parents house. I didn't sign a lease with my tenant, but i did have contract with them. My parents no longer want to support me because they know how much pain that place has caused me, so they just want me to move out of that place.

I haven't pay the last month rent and this month now. yesterday they sent me an email threatening me they would take me to court. I'm actually trying to come up with the money, but if i go to court how is the judge is going to rule me to pay immediately if i don't have any money now? Should i avoid going to court by settling this quietly? o

What do you suggest?

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Agree with everyone but what do you mean you didn't sign a lease with "my tenant."

Did you sublet the apartment to someone? Are you on the lease and your roommates are not?

Otherwise, yes, they can take you to Small Claims Court and they will get a Judgment and then your roommates will have to try to collect it.

Would I pay to avoid Court? Probably because it seems that you don't have much of a case and very could lose. It's a roll of the dice.