Can a roommate sue for rent if I haven’t signed anything?

UPDATED: Oct 15, 2011

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Can a roommate sue for rent if I haven’t signed anything?

I moved in with a friend, after briefly seeing her place, and realized after Imoved into the apartment it was incredibly filthy. There was black mold on the shower curtain, loose garbage shoved under the sink, mold and filth in the refrigerator, rust and grime built up throughout the bathroom and evidence of bedbugs. I moved in and moved out the next night. We have no written agreements and our oral agreements were based up a healthy living situation, since we both describe ourselves as very clean people. She is now threatening to sue for rent. I incurred over $2,100 in expenses.

Asked on October 15, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you moved in with a friend in a unit that was not represented to you as what it really was and you have no written lease agreement for any specified term, then you essentially on a month-to-month lease where you can leave after giving thirty (30) days notice to her.

Although your former roommate can sue you for rent, if you have paid it, there really is no basis factually for her to sue you especially if you have no written agreement for a set term for any lease of the unit. If she does file a lawsuit against you, most likely it will be in small claims court. You will need to attend the hearing and be prepared to defend yourself against her claims.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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