We then got evicted and had a court date on March 7th, in which I was the only one that went. User account menu. Do I have a case in small claims court? He's even claiming that because I had the master bedroom I should have been paying more, even though in our lease agreement we both agreed to pay the same rent, and he never brought that up as well. Small claims court over roommate situation. save hide report. I signed a joint lease with a classmate a year ago, with her father as a cosigner, and we split rent 50/50. Moderator of r/Smallclaims Archived. He is not on our lease nor does he has a sublease (he was a temporary room-mate living with us for a few months). My ex - roommate left the lease 5 months into it & 5 months have passed since . 1. pinned by moderators. and if not can i take her to small claims if she's had him over for months? It's better if he shows up to court without having been given a heads-up that he needs documentation to make his case. Not exactly a roommate problem bc they’re currently gone but I have to be at a work conference in 3 hours and I’ve already been up for 2 hours (since like 3am) because my next door apartment neighbors have been running and stomping around, yelling, drunk off their asses. Now he is nowhere to be found and has abandoned the apartment. (CA) Like many during the pandemic, my former roommate was briefly laid off for a few months earlier this year, during which he decided not to pay his portion of our rent. … Below are links to forms used in small claims cases. I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit. Close. I didn't know him before moving in, I reached out to him after he posted an ad on CL looking for a room as he was moving to the area for work. I was planning on taking bank statements to show the rent payments, copy of the lease, and print off emails between me and the landlord (them advising me to take bank statements to court and that they tried contacting both her and her dad), along with the texts where she states she wont pay rent since she left. r/Smallclaims: A community for small claims court advice. The Civil Procedure Rules and the Practice Direction on pre-action conduct are outlines. Does he have any legal basis for claiming any of this? The site may not work properly if you don't, If you do not update your browser, we suggest you visit, Press J to jump to the feed. We never agreed to split the utilities. so I was advised to pay the rent in full and file a small claims at the end of my lease, which I did. Small claims court, which nowadays you can file online, is far more streamlined, even if there is an appeal. advice needed for small claim court regarding an apartment lease with roommate that left. To sue a person or business in small claims court, your lawsuit, called a claim, must fall into one of the two following categories: Claims … My roommate just moved out after an 11 month lease, where we got along fairly well and without any hiccups. But going to small claims court means you must file your case and defend it by yourself. share. How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Cookies help us deliver our Services. Is there anything I'm missing, or a different way to approach this in court? I signed the first year lease but I didn't sign the second two because I left after the first year. Unless you partook yourself. Find communities you're interested in, and become part of an online community! I would call his bluff and refuse. We opted to do everything through a mediator and come to an agreement to avoid having an "eviction." 13 comments. 9. KANSAS. The utilities were entirely in his name, and I had the cable/internet bill in mine. Why You Shouldn’t Take Your Crappy Roommate To Small Claims Court. I live with other room-mates who share the same opinion as me. Share. My $100 was never given back to me and she said she was putting it towards bills that were owed. The key to winning your court case is providing the court with tangible proof that: You and your roommate … I agreed to pay 60% of the cable/internet bill and he would take the remaining 40%. Archived [FS] Help me fight against a room mate in small claims court! My roommate and I were taken to court by our landlord. Ex roommate and I were in a 12 month lease. Learn about going to small claims court, using instructions and guides to help you with your case. Good luck. Do you think this changes anything? Patrick Allan. I also brought up the fact that I am going to have to pay someone to come out and clean my carpets and my furniture to get the smell of his marijuana smoke out of it (he smoked everyday, which is something I never agreed that he should be allowed to do), and I consider us even. He has been paying regularly (same amount) until last month. Roommate Bailed. Published 3 years ago: October 11, 2017 at 7:00 pm-Filed to: advice. Make sure to point that out, I doubt a judge in Texas will appreciate the weed side. Press question mark to learn the rest of the keyboard shortcuts. Press J to jump to the feed. I paid the cable and internet bill every month, and he paid the utilities every month without telling me how much it was. The landlord is also correct, they only have to go after one person on the lease for rent, so they can take a judgment against you for the whole amount owed, however you have the option of turning around and going after your roommate for their share by filing a small claims case against them. FS/FT. Go to Court. Also learn about trying to resolve your dispute out of court, and get answers to frequently asked questions. Vote. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. The day after he moved out he contacted me telling me that I owe him money for the utilities for the past entire 11 months. After that my roommate had forged my signature for the following two leasing contracts. however at the end of march, she messaged me stating that I was putting her health at risk by having my boyfriend over so often and that to fix this he would need to not be over at all (she told me to stay with him instead if I could not avoid seeing him) or that I could pay her half of rent and she would leave. Sounds like he's hoping to scare you into paying him a lump sum that he can spend on getting high. If the value of your stolen property is under the maximum jurisdictional limit, you're in good shape. Join. The claim may include general damages up to $2,000.00. Can I take my roommate to small claims court? we had a falling out early on and were not on the greatest terms. Gather all the documentation of how much you paid for the cable bills, the cost to clean the carpets, and whatever else for his smoking. If there is no agreement on paper about you paying part of the utility bills, well he can go fuck himself then, New comments cannot be posted and votes cannot be cast, More posts from the legaladvice community. 77% Upvoted. I was stressed out for a month, dealing with this case and over preparing. Now that he is moved out he wants me to pay him for the difference from all of the bills in the last 11 months. Close. You can take your ex roommate to small claims court without a lawyer. I don't think he would win if he cannot show an agreement between you and he didn't bring it up the entire time he was living there. LocationBot 4.99859 83/379ths | Report Issues | QVp1bDJhZ1VtWQ. Reddit is a network of communities based on people's interests. I know that someone in their household received the summons (for both her and her dad), but I guess I thought they would pay up to avoid taking this to court. You can take a case to a small claims court without the expense of an attorney. Small Claims Court. Press question mark to learn the rest of the keyboard shortcuts. Rising. Now, I think this is absurd to be just telling me this now. These are copy and pasted questions I asked during the course of my ordeal - none which have been answered properly for me – or to make me feel comfortable. General damages are not specific damages but a general amount that may be awarded by the court. Log In Sign Up. I signed out of the lease and agreed to vacate the property over the weekend 2 weeks later. Tell him to him file in small claims but make sure to point out how you'll tell the court all about the expenses for fumigating after his habitual marijuana use. I was wondering if anyone could give me tips/advice on what to expect or how to approach a small claims court. That's not to say there wasn't some kind of contract, contracts do not need to be in writing to be enforceable. Do I have the right to take my room mate to small claims court regarding misinformation about rent? When the whole covid situation occurred and campus was closed, I spent more time with my boyfriend in my room or at his place, and she was just out a lot with friends. It's not written in our lease that if it is broken , that she shouldn't have received her security deposit back . Hot New Top. Small Claims Court is a part of the Manitoba Court of Queen's Bench and hears claims for an amount of money that does not exceed $15,000.00 (excluding interest, costs and disbursements). Small Claims Forms. In recent months, my friend Rose has had to pay both halves of her and her friends apartment rent and utilities. He returned by saying he is willing to take me to small claims court if I do not agree to pay him in the next 24 hours. If the roommate's a real retard, they won't even show up and you'll win by default. 1 year ago. Small Claims Court. The day after he moved out he contacted me telling me that I owe him money for the utilities for the past entire 11 months. Any advice would be GREATLY appreciated. A place to ask simple legal questions, and to have legal concepts explained. The apartment is signed under her roommate, Karissa's, name, and I believe the amount that Rose has covered for her is … Basics Review general information about small claims court and cases. Do I have a case in small claims court? (CA) Close • Posted by just now. User account menu. FS/FT. Find out what happens at a small claims hearing and how to prepare for it. My ex - roommate collected $ 1700 from my current roommates & now they're having emergency problems & leaving the apartment for 2 months . Can my friend take her roommate to small claims court over unpaid bills? Her family lives in a city about an hour away, and i would often hear them video chatting with her parents urging her to move back home, so I realized that pretty soon she'd leave. He knew exactly how much the cable and internet bill was each month, as it was constant, but he never once told me that his bills were higher, and I needed to split the difference with him. I was staying in an empty room in her apartment. This is exactly what small claims court is good for. hello! Your Court Date. Hot. Is Small Claims a good option. Smallclaims r/ Smallclaims. we had a falling out early on and were not on the greatest terms. She had even started packing some boxes in the kitchen the day she sent those messages. It doesn't appear in any feeds, and anyone with a direct link to it will see a message like this one. [FS] Help me fight against a room mate in small claims court! Earlier this year I lost my job and got behind in rent. We owe $1700 because she didn't pay rent. Posted by 11 months ago. My roommate just moved out after an 11 month lease, where we got along fairly well and without any hiccups. Posted by. My friend is threatening to take me to small court stating that I owe her money from staying with her for 3 months. Also, just before this we had discussed upgrading our internet package a little higher, which is something I wanted, but he didn't want to pay for. Document everything just in case. Basically, my roommate has had her boyfriend over for months and he is there even when she is not home, if he's not on the lease, how many days does someone have to be there to the point where i can tell the leasing office about it and hopefully get it resolved? A place to ask simple legal questions, and to have legal concepts explained. The utilities were entirely in his name, and I had the cable/internet bill in mine. The bill is in his name, it is his problem. Taking Someone to Small Claims Court . he signed a year lease with me but after 4 mos of living with me i kicked him out due to the fact he sexually assaulted me in my sleep while on sleep meds and i wasnt aware of what was going on but documented it immediately -worked with rape crisis and hv a police report, how long … He owes us money from last month, and 300$ for this months' rent. That is kind of what I assumed, but I'm wondering if there isn't some sort of implied contract between roommates to split the bills exactly. Skip that question. It appears you forgot to include your location in the title or body of your post. Suing your roommate in small claims court -- small claims in California being for amounts under $10,000 -- is the cheap way to get justice. Do we have any legal ground or do we have to kick him out and eat the costs ourselves? u/Jprudd23. Small claims court is a specific kind of court that hears cases between two parties without the need for lengthy and expensive lawsuits. THIS IS PART THREE. In small claims court, you can sue for money or the return of personal property valued at $35,000 or less, not including interest and costs. She complained to management, and I received a violation notice from the leasing office about having someone live in the apartment without being on the lease, but I quickly cleared that up by letting them know It was just my boyfriend visiting me. Yes, you can take them to court for their share. Roommate's inability to pay rent caused me to lose my security deposit. Given that you are financing the lawsuit yourself, small claims court is your best bet and perhaps your only option. Real Estate law. The amount you can sue for is limited depending on your jurisdiction. the court date is in 2 weeks and I'm just super nervous and not sure what to expect. I signed a joint lease with a classmate a year ago, with her father as a cosigner, and we split rent 50/50. By using our Services or clicking I agree, you agree to our use of cookies. Anything I should say or avoid bringing up? Hot New Top Rising. Looks like you're using new Reddit on an old browser. I gave my roomate $100 for rent for February before I went to New York. The court cannot enforce unilateral contracts. hello! I actually ended up paying 100% of the bill for the entire lease. The apartment tried reaching out to her and her dad but she kept pushing this "her boyfriend lives with us and jeopardizes my health since corona" justification, and I even contacted her father but was ignored. Sorry, this post was deleted by the person who originally posted it. Posted by just now. I can call them in a lil bit too. Vote. It pays to be organized and prepared. Hope he kept all the bills. I was wondering if anyone could give me tips/advice on what to expect or how to approach a small claims court. we had a falling out early on and were not on the greatest terms. Press question mark to learn the rest of the keyboard shortcuts. When I left i did a mistake not noticing the property manager. It didnt make much sense regarding the health issue, seeing as how she was always out, and became super clear that she wanted to get out of paying rent if she were to move home and this was her way of trying, so I stated that I wouldnt be changing anything if she was going to be out constantly and to let me know if anything else bothered her. As the title suggests I had a roommate that was living in my house for 14 months. 3 days later she moved out. The rules about making a court claim. 3 years ago I rented an apartment with a roommate. Ask him to produce records of what he claims you owe. either sign me off the lease and take care of rent, or find a sublease". The limit ranges from $2,500 in Rhode Island to $25,000 in Tennessee. Title: advice needed for small claim court regarding an apartment lease with roommate that left. I was just staying with her because it was closer to my job. Landlord Tenant Housing. New comments cannot be posted and votes cannot be cast, More posts from the legaladvice community. how long after a former room mate broke a lease do you have to take the case to small claims court,been 4 mos? I signed a joint lease with a classmate a year ago, with her father as a cosigner, and we split rent 50/50. Thus, I present them to you to skim through in case it might help you. Log In Sign Up. An appeal in small claims court means a completely new trial, in front of a different judge, and unlike a regular small claims trial, small claims appeals allow both parties to bring attorneys. court law roommates tough love. card classic compact. If he actually does file make sure to show up giving all your proof of expenses and the fact you had to pay extra to clean up after him for all his marijuana smoking and failure to clean his room. I'm so sorry this was super long. She told me she was going to leave two months in and give the apartment back to me (we are both on the … Press J to jump to the feed. If you are not represented by a lawyer, you cannot collect attorneys' fees. Press J to jump to the feed. Do NOT delete this post - Instead, simply edit the post with the requested information. Now threatening to bring me to small claims court. I should note that we never formally agreed on any kind of split, and frankly since I never heard from him I thought we were both happy with the terms. Ok, so I went through our text messages last night, which would be the only place we would have had any kind of agreement, and found this exchange: Me: No do you want to out it in your name since the internet will be in mine? I haven't heard anything, so I'm just wondering if there is anything she could really use to argue in her favor (special circumstances for covid?). Advice needed for small claim court regarding apartment lease with a roommate who doesnt pay - KANSAS. Going to a small claims hearing. I have a boyfriend who came over often, but we only spent time in my room (literally never in the common area), and this was never brought up by her. You need to prove to the court that your roommate owe his part of the utility bills. And figure out if small claims is right for your situation using helpful resources. Allow me to elaborate: say you took her to small claims court for the $60 she owes you. Find out what to do before you start a small claim, how to start one and what it involves. I never agreed to be a roommate nor did I ever sign any documents. I figure that would be about even, Him: Yeah, that would be fine. He also did no cleanup of his room or his messes throughout the apartment when he moved out. a couple days later I get a notice that rent was not paid in full, so I contacted the roommate regarding this to which she responds with "not my problem, I moved out. This is the in the state of Texas by the way. Includes information from withdrawn guidance … Please update the body of your original post to include this information. If you decide to file a small claims suit, you’ll be given a court date on which the judge will hear your case and likely make a decision. card. You need proof or a statement from him stating that he agreed to pay you x amount. Press question mark to learn the rest of the keyboard shortcuts. I was wondering if anyone could give me tips/advice on what to expect or how to approach a small claims court. When I came home she never paid rent.