My roommate moved out at the end of last month and never payed rent for that month, can we sue?
Question Details:
My roommate moved out with a day notice. Me and my other roommate always gave her our share of rent for her to pay our landlord. We got a hold of our landlord a few days after she moved out and he informed us that the rent for that month was never paid. We have contacted the former and roommate and she admits to receiving our share and states she sent it out. She does not have a receipt for the money order and me and my roommate are now liable for another full month payment that we already paid. If we took her to small claims court would we win?
Real Estate Law Answers
Probably, but does she have $ to pay the judgment? Their may also be a theft involved if she pocketed your $.
It is not possible to predict the outcome of a case; however, you do have a valid claim and should proceed with a lawsuit against your former roommate for recovery of the rent you had given her. Small Claims Court is the appropriate court for your case. In addition to the amount of rent you had given your roommate, your claim should also include court costs such as the court filing fee and service of process fees. Service of process is having the lawsuit served on (delivered to) your former roommate which provides your roommate with the requisite notice of the lawsuit in which she is a defendant.
Related Real Estate Questions
- We signed a year’s lease on a rental unit for our college-bound son, with the understanding tha...
- My roommate and I are co-signors on a lease of a house. She wants out before the lease expires, leav...
- Is there a legal limit to the dollar amount of daily "late rent" fees a landlord can charge? Can th...
- Rent Increases on an Oral Agreement
- I am a long-time (15-year) renter in an apartment house. There have been yearly increases over the y...
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen203 Answers|Points 10150Gold Contributor
- Joseph Gasparrini43 Answers|Points 2050Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga66 Answers|Points 3250Bronze Contributor
- Glenn M. Lyon, Esq.23 Answers|Points 1130Bronze Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Hong Shen203 Answers|Points 10150Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga66 Answers|Points 3250Bronze Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
 |