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g_orourke · Aug 28, 2007, 06:57 AM

My girlfriend's parents did not agree on her living with me, They said they would give me the 50% of the rent for the remainder of the term in one sum... ($4,000). When I came home from work my girl was gone and of course... no check has made it my way. What is the law? She signed the lease stating she has financial obligation to the apartment. Can I take her to court to get the $4000? I can not afford it by myself and her immature decision might effect my credit score for the rest of my life! I need the money, what are my rights??

GravitonX · Aug 28, 2007, 01:02 PM

Under contractual law, the (potentially) damaged party, i.e. your landlord may seek restitution from any or all parties on the lease. If your lease is broken, via non-payment, your landlord may choose to go after you, your (presumed ex)girlfriend or both of you. If your landlord chooses to solely go after you and obtains a judgment, you may then bring civil suit against your (former) girlfriend for your damages, i.e. half of the judgement obtained against you. Unfortunately, unless you can get an amicable release from your lease, your credit score may take a hit. Your landlord has to evict you, obtain civil judgment, and have it reported to a credit agency, before you score will be effected. Depending on your landlord and his/her actions, you may not have anything reported to the credit agencies.

g_orourke · Aug 29, 2007, 11:24 AM

So what you are trying to say is until I break my lease, I can not take my ex girlfriend to civil claims court and get the half of the rent that she is obligated to pay? I will never not pay my rent, I just want to know if I can take her to court to get 50% of the rent for the next 10 months

ScottGem · Aug 29, 2007, 12:28 PM

You certainly can take her to court to contribute her end of the lease, but you still have to make your rental payments on time. Otherwise the landlord can evict you and sue you for back rent.

g_orourke · Aug 30, 2007, 07:57 AM

Scott, yea man that helps. How do I go about doing this? Get a laywer and then we take her to civil claims court?

ScottGem · Aug 30, 2007, 08:12 AM

Depends on the amount. If its $4K, you should be able to go to small claims court.

excon · Aug 30, 2007, 09:28 AM

Hello g:

Small claims court is quick, cheap and easy. You can and should do it WITHOUT a lawyer. I'll bet your local court even has a website to tell you how to do it.

excon

ballengerb1 · Aug 30, 2007, 10:58 AM

Scott and excon are right on the money but you haven't said what the parents are now telling you. Have they said they are not going to send the check and have you told them you might sue? Do some talking before you try to take your ex to court.

gabra_123 · Aug 30, 2007, 11:12 AM

Who is the primary on the lease? Courts like paper work, unless your ex is not going to contest it. If you are the primary on the lease, then the courts will not award you any restitution(even if her name is side noted as a resident). If she is primary she is responsible for the entire amount. Double check what the exact wording of the lease agreement is.

ScottGem · Aug 30, 2007, 11:21 AM

Originally Posted by gabra_123

who is the primary on the lease? courts like paper work, unless your ex is not going to contest it. If you are the primary on the lease, then the courts will not award you any restitution(even if her name is side noted as a resident). If she is primary she is responsible for the entire amount. double check what the exact wording of the lease agreement is.

Who says there has to be a primary? They could be joint tenants each with full responsibility.