[kmj]

I recently moved to NY and got an apartment with 2 co-workers. They had already signed the lease, but they let me move in without signing anything. After staying there for a week, I realized that the apartment was too far away from work. I brought this up to the roommates, and they told me I should give it a few months. I said that I couldn't afford to continue taking taxis, and that it wasn't safe to take the bus or subway at 1 am (which is when I usually get home). They still did not understand (they both have cars), and they just kept telling me to wait it out. I agreed to give it a few more days, but advised them that they should start looking for someone else because I really didn't think that this location was good for me. After a few more days of waiting on the bus for 2 hours (when it only takes 20 minutes by car), I decided to leave. I found another apartment in a better location. I let them know that I was leaving and gave them a pro-rated check for the time that I had lived there. I offered to pay an extra week or two until they found someone else (I also said that I would help them look for a replacement). When I offered this, they stated that they should have made me sign the lease when I first moved in, and they thought I was making a mistake. I apologized, and said that this was the best I could do. They never agreed to my offer. Today, they called and left a message saying that they had found someone else and that I had broken the verbal agreement that I would find another person myself, and that they were ready for the money from the time that I left to the time that the new person moved in. Since they never agreed to my offer, I assumed that they didn't want my money. I had tried to find a person to replace me, but I never told them that I would do it all on my own. Now they are threatening to sue if I don't pay them. I had only offered to be nice, not because I was obligated. My question is - do they have a case against me, since they never agreed to my offer of paying a little extra until a new person moved in?

[RubyPitbull]

kmj, I just noticed that your question remained unanswered. I am sorry no one has gotten back to you sooner. I am sure after I respond, others will see this post and chime in as well.

First, they can always sue you. Anyone can sue anyone else under the law. You are in a situation where it is the two of them against you. It is their word, against your word regarding the conversations that took place. It all comes down to who the Judge will believe. Yes, you did not sign the lease. But, there was a tacit understanding that the rent was to be split three ways in the fact that you paid rent while you were there. There is proof of that. That will show a judge that you understood and agreed that you had an obligation to pay 1/3 of the rent and your portion of any bills associated with the apartment.

You made the offer. The discussion took a turn that is normal in a split like this. They were trying to convince you to stay. They might have just assumed that you would follow through and they did not feel it necessary to verbalize their okay. A Judge might see it that way too. They may lie and state that they did tell you that they agreed to your offer. How do you disprove that? You state you made an attempt to find another person. In what way? Do you have any written proof that you made any attempts? That question and whatever proof each of you has, will go towards establishing your case and their case. It is very hard to determine exactly how the case will go, but the fact remains, that they do have a case against you, which is the question you asked. Will it get thrown out by a judge? Hard to know the answer to that one.

How much time are we talking about here? A week or two? You said you gave them a pro-rated payment. Technically, you would be responsible for the entire month if it can be satisfactorily established that you were the third roommate. Was the landlord aware that you were the third roommate? The judge might ask about that.

It might be wise to just do the best thing under the circumstances to not create any more conflict than has already occurred. Do you really want to create long-term problems with your co-workers? Do you want others in the company to find out about this? Do you really want to take time off work to go to court over this? I guess it all comes down to how much money we are talking about and if you really feel in your heart, that their request is unfair. Personally, if we are talking about a few hundred dollars, I feel it may be worth it to pay it and keep the peace with these people. If you are financially stretched due to the new apartment, see if you can come to an agreement with them to pay it in installments. In any event, I wouldn't put my trust in their not acting on their threat to take you to small claims.