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longhungsilver · Sep 15, 2009, 07:38 PM

Hey there.. I was living with a guy from November 08 until August 09. The apartment is in his name along with everything else (cable, hydro etc.. )

We had a verbal agreement I would split utilities rent and cable.. Before I moved in with him I asked him if he would be moving soon (he floats around a lot)... he said no he didn't want to move for a few years.

I find out at the start of August that he is planning on moving soon as he is looking for places. So I start looking and find a place for move in on September 1st... I proceed to tell him the week before the end of August that I will be gone on the 1st (actually I moved the 31st of august) and he can keep my damage deposit (about 300) and ill see you around good luck...

Now he is telling me that I need to pay for utilities and cable for August (I figured he would take it out of the damage deposit... ) as well pay for carpet cleaning... The grand total is $150 bucks... If I don't comply soon then he says he will take me to small claims and get the $150 as well as the months half of rent for September.

Im wondering does he have any chance of winning.. Id give him the $150 but I'm sure he won't be finished with it there.. He wants my $150 along with my damage deposit and rent for September even though I'm not there...

I feel the verbal agreement was voided when he decided he wanted to move.. Therefor I found a new place for myself and didn't worry about giving him notice..

Thanks for any advice.

ScottGem · Sep 15, 2009, 08:27 PM

He has a very good chance of winning. Normally notice of moving out is at least one rental period. So giving him a week's notice was not enough. You are legally responsible for the September expenses as well as August.

Nor can you decide what he can do with the deposit. That's up to him. He can apply the deposit towards damages and unpaid rental/expenses, but that's his call.

So, you owe for August, September and any damages. If he takes you to court you will lose. Whether he decided to move or not has not bearing on you, He would have had to give you a months notice to vacate.