Am I able to sue a roommate for back rent?

I had a roommate move in to my parents house and we were all paying rent until we lost our jobs. She then never tried to catch up. I put her out because she wasn’t paying utilities either. We never had a lease agreement. I have proof of her living there.

Asked on June 11, 2012 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you had a roommate under an oral agreement, at best under the laws of all states in this country, you had an oral month to month agreement with her. If you paid her share of the rent to stay where you were living, then you have a factual and legal basis to bring an action against her for moneys owed under common counts theory of recovery.

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