[luvnme4me75]

My former roommate and I agreed to renew our leasing contract by signing a new 6-month leasing agreement. In the former and new leasing agreement we both split rent and utilities equally.

2 month into the lease she broke the lease by moving out and not paying her half. I was not able to afford the rent on my own and evenually was evicted (moved out the same day I had to appear in court).

The management company took us to court and sued for the past rent and other associated cost (ie cleaning fees, attorney fees, misc fees). Before a judgement was rendered I met with their attorney where I agreed to pay them the full amount requested and once done, they would remove the negative reporting from my credit. Even though my former roommate didn't show up, a judgement was entered against her as well.

I am taking care of my end of the rent but I can not pay her portion in enough time; I really need her to step up and take ownership.

I want to go to small claims court to sue my ex roommate for (1) 1/2 of rent due and (2) all attorney fees (b/c it was her and not me who didn't honor the lease).

Is it possible to sue her if I haven't already paid the entire judgement? Do I have to first pay her half in order to prove actual damages or is it good enough that I prove that she has no intentions of paying them directly and I most take a more aggressive approach to getting this matter resolved so my credit can be restored.

What does the legal term 'Double Indemnity ' mean? How does this term relate to my situation?

Please Help!

[charlotte234s]

I don't think you have to pay her half first, honestly, your story sounds convincing enough to me, but be sure to gather evidence, like rent checks, utility bills, etc. as proof that you have been paying out the nose because your ex-roommate is apparently an irresponsible troll..

[JudyKayTee]

[QUOTE=luvnme4me75]My former roommate and I agreed to renew our leasing contract by signing a new 6-month leasing agreement. In the former and new leasing agreement we both split rent and utilities equally.

2 month into the lease she broke the lease by moving out and not paying her half. I was not able to afford the rent on my own and evenually was evicted (moved out the same day I had to appear in court).

The management company took us to court and sued for the past rent and other associated cost (ie cleaning fees, attorney fees, misc fees). Before a judgement was rendered I met with their attorney where I agreed to pay them the full amount requested and once done, they would remove the negative reporting from my credit. Even though my former roommate didn't show up, a judgement was entered against her as well.

I am taking care of my end of the rent but I can not pay her portion in enough time; I really need her to step up and take ownership.

I want to go to small claims court to sue my ex roommate for (1) 1/2 of rent due and (2) all attorney fees (b/c it was her and not me who didn't honor the lease).

Is it possible to sue her if I haven't already paid the entire judgement? Do I have to first pay her half in order to prove actual damages or is it good enough that I prove that she has no intentions of paying them directly and I most take a more aggressive approach to getting this matter resolved so my credit can be restored.

What does the legal term 'Double Indemnity ' mean? How does this term relate to my situation?


No, I don't think you can sue her for her half "in anticipation" of your paying it in full. You can't sue for what you haven't spent/paid. Once it is paid, yes, you can take the bills and receipts into Court and sue her.

"Double indemnity is a clause or provision in a life insurance or accident policy whereby the company agrees to pay twice the face of the contract in cases of accidental death. An accidental death is a death that is neither intentionally caused by a human being, such as homicide, nor foreseeable, such as cancer." It does not apply to your situation.

[ScottGem]

Something is not clear here. Your roommate moved out after the second month. Did you attmept to get a new roommate? Did you move out along with her?

The answers to those questions have a bearing on the what you need to do.