My ex-roommate or landlord sue me for rent if i was kicked out without 30-days notice?
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My ex-roommate or landlord sue me for rent if i was kicked out without 30-days notice?
About 5 months ago I moved into a duplex owned by my ex-friend’s grandparents. I signed no lease, contract or anything of that sort. I payed rent for the next 2 months. The only agreement was to go half on rent and utilities. Following an argument, she told me to move out and threatened to throw my property outside. I moved out. I contacted her offering to pay the utility bill I owed for the month that I left and got no response. I actually then sued her for not paying her wireless bill and won. Now she is suing me for unpaid utilities and rent.
Asked on December 16, 2011 under Real Estate Law, Nebraska
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your former roommate can sue you for rent if you were kicked out without 30 days notice as required by law. The issue that I see is that she may have a problem in that you sued her for not paying her wireless bill to you and you prevailed. She should have filed an action by way of a cross complaint as to her claims for unpaid utilities and rent. By her not filing a cross complaint that might be mandatory, she could be barred from pursuing it in light of your prior action against her.
If you have no written agreement for rent, I would take the position that you were on a month-to-month lease with your former friend's grandparents. I would take the position that your former friend was not your landlord, but rather the grandparents were and she has no basis to sue you for rent.
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