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hobbsa1 · Jan 21, 2008, 10:28 AM

Okay to make a long story short my roommate skipped out on me without paying rent. I changed the locks on her because that's what she was doing, or so I thought and also she was getting very hostile with me, and thought she would damage my residence when I wasn't there. So I allowed her to come and get her belongings when I was home and she handed me a check for $130... the rent is $440! She signed a Lease Contract with me stating that she would pay on the first of each month, and also she was to notify me 30 days before moving and ending the lease. It also states that if she failed to notify me, she would then owe me a month's rent. Before I move forward into this process blindly, I would like to know if I can take her to small claims court and receive the rest of my rent? Also in the state of KY, is it correct that whoever loses the case, they are resposible for the other party's court costs and fee's? Thank you

progunr · Jan 21, 2008, 10:37 AM

You have a signed contract, you can absolutely take her to small claims. Yes, whoever looses the case will be required to pay all court and associated legal costs. Just from the sound of your explination, you have a good case. The key though is this. You will most likely get your judgment, but then you have to collect it. The court can give you little help in this area. If you still have access to the check she wrote you, be sure to get all the banking information so you can use it later to collect your judgment. All the judgment is really, is a document stating that the court agrees that she owes you the money. You already knew that didn't you. The hardest part of the whole deal is collecting the money after the case is done.

LisaB4657 · Jan 21, 2008, 10:41 AM

You may want to hold off on filing that lawsuit. When you changed the locks you performed an illegal eviction. If your former roommate wanted to file a counterclaim against you she would most likely win. Then you would be found liable for her costs.

hobbsa1 · Jan 21, 2008, 11:29 AM

Originally Posted by LisaB4657

You may want to hold off on filing that lawsuit. When you changed the locks you performed an illegal eviction. If your former roommate wanted to file a counterclaim against you she would most likely win. Then you would be found liable for her costs.

Is it considered an eviction if she had already notified me she was moving out and only had a couple more items to move out? I didn't think it was considered an eviction if she wiillingly was already moving out. The only reason I changed the locks was because I was afraid she would damage my residence and property. I don't know anything about this process so all the help is very appreciated! Thanks

LisaB4657 · Jan 21, 2008, 11:33 AM

Until she returns her set of keys to you it is considered an eviction. If you had reasonably thought that she had removed all of her things and was out for good then it would not be considered an eviction. Or if you notified her that you were changing the locks and offered to schedule a time where she could remove the last of her stuff then it would not be considered an eviction. But that's a very fine point and a judge might or might not decide that you illegally evicted her.

ScottGem · Jan 21, 2008, 11:34 AM

If she said she was moving out by such and such a date, you were allowed to change the locks on that date, even if she left property behind. If she had turned over the keys,she was definitely relinquishing control. But even without that you should be OK.

hobbsa1 · Jan 21, 2008, 11:52 AM

Originally Posted by ScottGem

If she said she was moving out by such and such a date, you were allowed to change the locks on that date, even if she left property behind. If she had turned over the keys,she was definitely relinquishing control. But even without that you should be OK.

Ok I understand changing the locks was a bad move, but does it void the part where she still owes me the rent from the first of January? Also the things she left behind were her couch and bed and cat... she practically didn't live there for a month and a half and neglected the animal, while it in turn vomited and defecated all over my carpet at the residence. I have pictures to prove this, I really didn't want it to get to this point, I just feel like she gets to skip out for free while I get left with the bill. So does the lease contract mean nothing because I changed the locks to save my property from damage?

hobbsa1 · Jan 21, 2008, 11:53 AM

Also, your answer is very helpful, I'm just very confused by this whole situation. I know nothing about this process so all your answers are very helpful. Thank you again

ScottGem · Jan 21, 2008, 01:15 PM

Putting aside the lock change for a moment. You have a lease that specifies you both had certain duties and responsibilities according to the lease. Her responsibilities were to pay the rent on time and give you proper notice of an intent to move. Your responsibilities were to provide a place for her to live and whatever is in the lease.

Clearly she violated the terms of the lease by not paying and allowing damage to occur to the premises. You have every right to sue her for unpaid rent and costs or repair.

The change of locks issue comes into play only if she counter sues you for an unlawful eviction. If she does, You can counter that she seemingly abandoned the premises but being there so seldom, and that you changed the locks only to protect your property. While it was wrong to change the locks, I don't know how much weight a judge will put on it given the circumstances. I think it's a calculated risk you may want to take. The alternative is to let her skip out on the rent and the damages.