My current roommate and I found a third roommate to pay a portion of the rent and utilities. We did not put her on the lease so if things did not work out we could ask her to leave. We didn't even get to sign a written agreement. We had a verbal agreement however that she was to pay four hundred a month plus split utilities. We made a deal that she could pay three fifty for her first, month November. At the last minute she decided not to move in, a week before December. Now she's asking for her money back in full or she will take us to court. Does she have a case?

Nope, You had a verbal agreement enforced by the fact that she paid you money. Which she can't deny because that's what she is suing for. So you were entitled to sufficient notice that she was changing her mind. Since you have to start finding a new roommate you can keep that money.

However, if you do find a replacement then you should refund her a pro-rated portion that is replaced by the new roomie.

So basically we should refund her a prorate worth one week out of the three fifty she paid. Thank you that was very helpful.

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Originally Posted by Jtbendel

So basically we should refund her a prorate worth one week out of the three fifty she paid. Thank you that was very helpful.

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Hello Jt:

Read everything Scott said.. She's entitled to a proportionate refund IF, and only IF, you find a replacement during the period when SHE would have been your tenant.

excon

Well we are trying to find someone before December first but I did the math and if moving a new person in on December first will save us money then that's what we will do. Thank you both.

Yes, you are not allowed to double dip. You can't collect rent from two different people for the same space. So WHEN you get a new tenant, you can refund a pro-rated portion of what she paid.