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    roy022's Avatar
    roy022 Posts: 4, Reputation: 1
    New Member
     
    #1

    Dec 28, 2006, 11:08 AM
    Tenant Rights VS Roommate Rights
    I, the master tenant, recently took on a roommate. I paid $1675.00 (79%), and he paid $450.00 (21%) of the total rent. He lived in my apt for 10 days and moved on the 11th. He was a nuissance as he slept all day and tackled chores, i.e. laundry in the early hours 12:40 AM. So, due to our different lifestyles I returned the balance of his rent, minus the 10 days. He now wants to sue me. What are his rights over mine?:mad:
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 28, 2006, 12:22 PM
    Hello roy:

    Well he's a tenant, and he had the right to a 30 day notice - just like you do from your landlord. But, what's done is done. What's he enititled to? Well, you gave him the rent back. He's not entitled to moving expenses. I don't think he has a thing coming. Let him sue.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 28, 2006, 02:06 PM
    Yes he is a tenant, and you were his landlord, you were in fact subrenting the unit ( I did not see if it was a house or apartment)

    And you did not mention if you had a written agreement, if not, then he was under a month to month rental, and as mentioned if you kicked him out, not merely he wanted to "move on" then you would have had to give him a 30 day notice.

    What is he asking for if he is to "sue" you, the rest of his rent back ? A deposit he paid ?

    If he has the money to hire an attoreny, they may come up with something he could sue for, who knows, or he can just sue even if he knows he will loose, hoping you would not show up in court or something, or just to bother you.

    So I guess what he is asking for that he would sue for?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Dec 28, 2006, 03:01 PM
    There is a lot missing here like whether there was a written agreement, whether your lease permits sublets or roomates, whether he paid monthly ot weekly ot what. But the most important piece was WHY did he move. Did you tell him to get out? Did he move on his own?

    If he moved on his own, then he has nothing to sue for. You returned the balance of what he paid which was fair of you. If, however, you told him to get out, then he might have a case for recovering any expenses he incurred from having to vacate quickly.

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