[jukeboxpunk]

Mid-July this year(2007), I had a falling out with my now ex-girlfriend. Prior to me packing up and leaving I offered to take responsibility of the apartment cause I knew my ex would have trouble maintaining the rent and utillities. She said "No" due to the fact she did not want to move back in with her parents. She stated she would keep the apartment and that she would remove me from the lease, which I believe she followed through with.

It is now mid-November (2007) and she has called me to seek assistance with her heating bill. She states she can not afford it. After explaining to her that I have no responsibility to the apartment in question, she threatened to sue. I told her that I would not pay any amount and she pulled a guilt trip on me to attempt to guilting me to pay. I explained to her we had a verbal agreement that she was going to take responsibility of the apartment. Would this be admisable in court?

She had also mentioned if it were to go to court she would have the lease as evidence and I stated to her that her verbal agreement is binding. She told me I couldn't prove it. Then I asked her if she would lie before a court and judge. She didn't answer.

She reminded me that I signed a lease, which I am very much aware of; however, she had stated she would remove me from it. If she did in fact lie to me about that, wouldn't that constitute some sort of purgery?

[JudyKayTee]

Mid-July this year(2007), I had a falling out with my now ex-girlfriend. Prior to me packing up and leaving I offered to take responsibility of the apartment cause I knew my ex would have trouble maintaining the rent and utillities. She said "No" due to the fact she did not want to move back in with her parents. She stated she would keep the apartment and that she would remove me from the lease, which I believe she followed through with.

It is now mid-November (2007) and she has called me to seek assistance with her heating bill. She states she can not afford it. After explaining to her that I have no responsibility to the apartment in question, she threatened to sue. I told her that I would not pay any amount and she pulled a guilt trip on me to attempt to guilting me to pay. I explained to her we had a verbal agreement that she was going to take responsibility of the apartment. Would this be admisable in court?

She had also mentioned if it were to go to court she would have the lease as evidence and I stated to her that her verbal agreement is binding. She told me I couldn't prove it. Then I asked her if she would lie before a court and judge. She didnt answer.

She reminded me that I signed a lease, which I am very much aware of; however, she had stated she would remove me from it. If she did in fact lie to me about that, wouldn't that constitute some sort of purgery?

It will be your word against hers, and, yes, you can attempt to admit any evidence in Court. Whose name is on the bill and the Lease? Your agreement with her does not remove you from responsibility for rent or utilities in your individual or joint names.

She probably cannot remove you from the lease; only you can/could do that with the consent of the landlord.

If she defaults and both names are on the account, you are still responsible, verbal agreements aside so you have to watch for that possibility.

[jillianleab]

If she did not remove you from the lease (and the lease didn't contain utilities) the only thing you would be responsible for would be the rent. If your name is still on the utility bill she can mess up your credit by not paying the bill. Can she sue you? Sure, anyone can sue anyone for anything. Will she sue you? Well, look at it this way - she doesn't have the money to pay the bill, where is she going to get the money to go to court? Court means filing fees, possible legal fees, not to mention taking time off work. Even small claims court, which is usually the cheapest, winds up costing more that you might think, and probably more than she's willing to spend.

If you do end up in court it will be her word against yours. You can tell the judge you had a verbal lease, and she might deny it, but then you can point out she hasn't contacted you, nor have you contributed to the apartment in four months.

If you want to be a nice guy, offer to pay the portion of the bill, but not until she provides you with proof you've been removed from the lease and all utilities. Then draw up a signed written agreement so there's no more ambiguity. If you don't want to be a nice guy (I wouldn't) don't pay the bill, and draw up an agreement anyway. If you have a signed agreement she can threaten to sue all the wants, but she'll lose.

[JudyKayTee]

If she did not remove you from the lease (and the lease didn't contain utilities) the only thing you would be responsible for would be the rent. If your name is still on the utility bill she can mess up your credit by not paying the bill. Can she sue you? Sure, anyone can sue anyone for anything. Will she sue you? Well, look at it this way - she doesn't have the money to pay the bill, where is she going to get the money to go to court? Court means filing fees, possible legal fees, not to mention taking time off work. Even small claims court, which is usually the cheapest, winds up costing more that you might think, and probably more than she's willing to spend.

If you do end up in court it will be her word against yours. You can tell the judge you had a verbal lease, and she might deny it, but then you can point out she hasn't contacted you, nor have you contributed to the apartment in four months.

If you want to be a nice guy, offer to pay the portion of the bill, but not until she provides you with proof you've been removed from the lease and all utilities. Then draw up a signed written agreement so there's no more ambiguity. If you don't want to be a nice guy (I wouldn't) don't pay the bill, and draw up an agreement anyway. If you have a signed agreement she can threaten to sue all the wants, but she'll lose.

If the poster's name is the only name on the utility bill the X cannot sue him - the utility company has but she has no cause against him.

[jillianleab]

If the poster's name is the only name on the utility bill the X cannot sue him - the utility company has but she has no cause against him.

The ex CAN sue... she just won't win. :)