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    nguyener123's Avatar
    nguyener123 Posts: 7, Reputation: 1
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    #1

    Apr 17, 2012, 01:46 PM
    My apartment lease is over, but during this lease we broke up but he still...
    Our lease is up now, but during our 1year lease, we broke up during the 6th month. Our agreement was that he pays for rent and I pay for food and bills, after the break up we cont. to live together and he still continued to pay in full for rent as always. Now that the lease is over he wants to sue me for half the rent of each month after we broke up. Can he do this?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #2

    Apr 17, 2012, 02:22 PM
    Yes, he can sue you. He will not likely win after you tell your story. It will be apparent that he is retaliating. Do you have proof you paid all the bills and he paid none other than the rent?
    nguyener123's Avatar
    nguyener123 Posts: 7, Reputation: 1
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    #3

    Apr 17, 2012, 02:28 PM
    Yes, since July 2011 I paid for electricity, utilites to the apt (with checks), and cable and internet is in my name that I also pay. He has given the apartment full rent with a money order every month. He is now threatening to sue me if I don't give him about 437$ each month after December since that is when we broke up.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    Apr 17, 2012, 02:31 PM
    "threatning" is the opertive word. So the lease is up in July of 2012?
    nguyener123's Avatar
    nguyener123 Posts: 7, Reputation: 1
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    #5

    Apr 17, 2012, 02:32 PM
    Yes it should be up on June 25th. He said he will continue to pay for rent but when the lease is up he is going to sue me for half the rent each month after December.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 17, 2012, 02:49 PM
    He can threaten, he may even file the suit. He won't win. When you broke up was when he had to renegotiate the agreement. Since he didn't, it can't change it retroactively.
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    nguyener123 Posts: 7, Reputation: 1
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    #7

    Apr 17, 2012, 03:04 PM
    Quote Originally Posted by ScottGem View Post
    He can threaten, he may even file the suit. He won't win. When you broke up was when he had to renegotiate the agreement. Since he didn't, it can't change it retroactively.
    So if he does decide to file, does the court care that I spent a significanly less on the apartment than he did after we broke up?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Apr 17, 2012, 03:08 PM
    Nope. You had an agreement. He can't just arbitrarily change the terms of the agreement. If you have proof o the agreement and I think you do, the court will dismiss his case.
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    nguyener123 Posts: 7, Reputation: 1
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    #9

    Apr 17, 2012, 03:12 PM
    Quote Originally Posted by ScottGem View Post
    Nope. You had an agreement. He can't just arbitrarily change the terms of the agreement. If you have proof o the agreement and I think you do, the court will dismiss his case.
    Okay, awesome thank you so much!
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #10

    Apr 17, 2012, 03:29 PM
    Just remember to keep your end of the agreement up. Keeping paying the bills and food. If you stop then you have breached the agreement. Save every cancelled check, bill and receipt. Preferable in another location than the apartment.
    nguyener123's Avatar
    nguyener123 Posts: 7, Reputation: 1
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    #11

    Apr 17, 2012, 03:49 PM
    I am moving out at the end of this month which is 2 months early. I will cont. to pay for all the bills till the lease is up, but I am giving him cash for food the next 2 months. This would still hold up in court correct?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Apr 17, 2012, 03:50 PM
    Yes
    nguyener123's Avatar
    nguyener123 Posts: 7, Reputation: 1
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    #13

    Apr 17, 2012, 03:50 PM
    Quote Originally Posted by ballengerb1 View Post
    Just remember to keep your end of the agreement up. keeping paying the bills and food. If you stop then you have breached the agreement. Save every cancelled check, bill and receipt. Preferable in another location than the apartment.
    I am moving out at the end of this month which is 2 months early. I will cont. to pay for all the bills till the lease is up, but I am giving him cash for food the next 2 months. This would still hold up in court correct?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Apr 17, 2012, 04:11 PM
    Quote Originally Posted by nguyener123 View Post
    i am moving out at the end of this month which is 2 months early. I will cont. to pay for all the bills till the lease is up, but i am giving him cash for food the next 2 months. This would still hold up in court correct?
    If you give him notice you won't be renewing the lease AND you pay all the agreed upon expenses to the end of the lease you should be in the clear.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #15

    Apr 17, 2012, 05:19 PM
    No cash, ask him for his food receipts and write him a check.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #16

    Apr 17, 2012, 05:40 PM
    Quote Originally Posted by nguyener123 View Post
    ... after the break up we cont. to live together ...
    Huh?

    "After the ship blew up, burned, and sank, it continued sailing ahead."

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