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Ex-Roommate trying to sue me, want to counter. Do either

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Ex-Roommate trying to sue me, want to counter. Do either

Postby Stone » Sun Jun 11, 2006 8:12 pm

Okay so in June of 2004 I moved in to this three bedroom apartment with two other girls. In Feb. of 2005 one girl moved out and the other girl moved in one of her guy friends. Well the girl (she is the main leaser) decided to go study overseas that fall. She told us that we had to cover her rent while she was gone from September - December. Both of them paid $210 each a month for rent and I paid $260. This wasn't written in the lease it was jsut agreed upon between the three of us since I was in the master bedroom and had my own bathroom.

Well right after the girl left for overseas in late August, the guy told me that he was moving out to goto the Army in approx 2 weeks. However, he told me that he would pay his share of the rent until the girl comes back from Japan. Well by the time all of this was happening our college semester was already underway and everyone already had places to stay. So I was stuck paying $680 a month for rent plus all of the utilities until Jan. Whenever I talked to the girl online she would tell me "I would help you out, but I have no money." Now let me remind you that her name was still on the lease and I was a sub-leaser.

Well the guy never gave me a dime for the rent he said he'd give me. However, we did sign a contract between the two of us saying that he will pay me his rent on time until Jan of 06. Once the girl came back from Japan at the start of this year, she never offered to pay me for her share of the rent for the last few months she was gone. Yet, being the nice guy I didn't worry about it.

Now here is the next part...she went and re-signed the lease for this year behind my back with two other people in Feb. (Our lease is from June-June...she signed from June 06-June 07 behind my back) So I basically was stuck without a place to live and scrambled around to find a new apartment by May.

Well around that time I found out I was losing my job and I was having a real hard time finding a new one. So I decided not to pay rent for May since I wouldn't be living there for that whole month (I was only there the first week). Since she was still on the lease, she could pay the whole rent that month. Afterall, I covered her butt while she was overseas. I paid $1680 in rent for both her and her friend for 4 months, because they weren't around.

Well since I didn't pay my share of rent for May, the girl is harassing me and threatening to sue me if I don't pay my part of the rent for last month. So, I'm going to countersue her for the money she owes me for Sept. - Dec.

Do either one of us have any legal recourse to sue? Our contract doesn't state that we owe a certain amount individually. And I'm no longer on the lease for that apartment, but she is.
Stone
 
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Re: Ex-Roommate trying to sue me, want to counter. Do either

Postby Downtown » Mon Jun 12, 2006 8:47 am

1. Was there a deposit. Did PT keep for last month's rent.
2. Had you asked PT (before this) to reimburse you for extra rent paid.
You owe for May's rent...but it is reasonable that since not reimbursed for previous rent paid (unless you agreed with PT to find a new roommate and cover her rent), that this would be your defense. [Hopefully you saved emails asking for money and her response don't have.]
PT's behavior (no new lease for you) is pretty ungrateful. If deposit was used for May's rent then would sue in small claims for full amount of the rent you covered (but only if there was no agreement between you and PT to do so).
Downtown
 
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Location: NYC, NY

Re: Ex-Roommate trying to sue me, want to counter. Do either

Postby Stone » Tue Jun 13, 2006 9:56 am

Originally posted by Downtown:
1. Was there a deposit. Did PT keep for last month's rent.
2. Had you asked PT (before this) to reimburse you for extra rent paid.
You owe for May's rent...but it is reasonable that since not reimbursed for previous rent paid (unless you agreed with PT to find a new roommate and cover her rent), that this would be your defense. [Hopefully you saved emails asking for money and her response don't have.]
PT's behavior (no new lease for you) is pretty ungrateful. If deposit was used for May's rent then would sue in small claims for full amount of the rent you covered (but only if there was no agreement between you and PT to do so).
1. There was a security deposit at the time we moved in. That was just a damage deposit. She gave me part of my half of the deposit back, the rest she kept because I bought a few things from her.

2. No, I never asked her to reimburse her before she threatened to sue me. I figured that I would be nice and not bother her with paying me the $840 that I covered for her while she was gone. I figured if she was going to go all psycho for $260 from me, I'll counter her for the money she owes me.

Before she left last summer, I never officially agreed to cover her. She was like "I need you two to split my share of rent and bills while I'm gone. Oh and if you want, find a new roommate for that semester too." She didn't ask, she basically demanded. I told her that everyone I knew already had places to live and that I didn't feel comfortable asking a stranger to move in, so she needed to find one. Yet, she never did. And in just about any situation, a person who moves out before their lease is up and other people are still living there, then that person is required to find someone else to take their place.

<small>[ June 13, 2006, 09:58 AM: Message edited by: Stone ]</small>
Stone
 
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Re: Ex-Roommate trying to sue me, want to counter. Do either

Postby Downtown » Wed Jun 14, 2006 8:26 am

Ok, deposit has been returned.
Doesn't matter if you stay 1 day or 1 week into a rental month = whole month....so you owe for May.
That she is a selfish jerk for not recognizing that you covered her's and friend's rent is obvious. [If he signed a promisory agreement to pay rent could sue him. If she made initial agreement with him to move in,(and she is prime tenant on lease) then sue her for this. You were under no obligation to become the LL and collect rent.]
She is not released from obligation to cover rent by simply stating "I am leaving, cover or get roommate". If you had signed an agreement to that effect...then legally binding.
Sue her for full amount of both (her and friend). She can counter for May (which you will agree to deduct when paid).
You paid to avoid eviction. You thought that eventually when she was back would reimburse (or sue him and reimburse).
Bring cancelled checks as proof of payments to court.
She doesn't deserve anything...so get some money.
Downtown
 
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Joined: Sat Jun 08, 2002 1:01 am
Location: NYC, NY


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