Can my ex-roommate take me to court if she kicked me out?

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Can my ex-roommate take me to court if she kicked me out?

She had kicked me out last year. My name was never on the lease nor any of the bills. I always paid in cash. Even though she kicked me out months ago, she is still asking for money ($1,300) that I don’t have, which I told her. I don’t understand why I should pay her when she was the one who kicked me out for no reason.

Asked on March 25, 2012 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is entirely possible for your former roommate who kicked you out if the rental that you had to take you to court based on the fact pattern of your question. Whether or not she prevails in a legal action against you remains to be seen.

If you had no written agreement with your former roommate, most states under their laws hold that the oral agreement is a month-to-month lease for rental purposes. If your roommate kicked you out and you were current in your rent at the time, she may have violated state law in not giving you 30 days written notice. That would provide another defense for you not being liable for any claims for money owed.


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