If my tenant/roommate was evicted and is now suing me for missing items, what can I do?

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If my tenant/roommate was evicted and is now suing me for missing items, what can I do?

My tenant/roommate was evicted for not paying rent and I had to file a restraining order against her. I delivered all her belongings to her after mediation. She is now claiming she is “missing” things in her personal property that she never had and she is suing me for the cost of those items. While she lived with me, she lied and stole from me prior to being evicted for not paying the rent. She has fabricated evidence and lied to the police about what she is missing. What can I do?

Asked on December 26, 2011 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you're being sued, you can defend yourself by providing evidence and testimony, including your own testimony, that she never had those items--and remember: to recover money from you, the burden of proof is on her to prove by a preponderence of the evidence (more likely than not) that she had the items and that you lost or stole them.

Furthermore, if she stole from you, or owes you rent which she did not pay, you can countersue her for those things.


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