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"The Black Suze Orman" | Should I take legal action against my roommate? |
I have a lease that is under my name only. She never signed a lease, but we had a verbal agreement . We were to split the utlities 50/50. This has been going great. now in june she told me that her last day would be july 26, she would be traveling out of the country. she has already moved ALL of her stuff. now I came home yesterday to get half of the utilitiy payment from her and she was no where to be found, she knows about the bill, it has been more then 2 weeks since I told her, also she has never giving me the house keys aned we never did a full walk thru of her room to see if there was any damages. What do I do, what if I have know way of contacting her, she has been avoiding me for the last week! |
 |
 
whatevit
|
RUN FOR THE HILLS: This person has done more harm to
herself than she can imagine.
Pay the extra utilities: Get on with life, she is not worth the
anguish you will feel when you think about this. Just write
down all that you feel is wrong, and include it in a letter
to anyone that ask about her as a tenant.
Too bad most of us fail to realize that when we steal, a little
is far worst than a lot. It is a good thing that our ability to
recover is easier with a little than a lot. A court case will cost
you $200.00 to $500.00 just to get before the judge; If you
are awarded payments (what is owed you + court fees): YOU
Still lost the use of your money (court fee) and your time 1 - 10
days off work. LET IT GO!
Next time have a tenant post a deposit when they move in.
Or have a deposit addition to the monthly rent with all rents
paid one month in advance.
If your roommate posted a deposit that was equal to one
months utility plus paid one month in advance. SHE WOULD
BE HOUNDING YOU FOR THE OTHER HALF OF THE
UTILITY BILL. This is a learning experience and the cost is
your roommate's utility portion. |
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ord1226
|
You have no written contract with this person, which was very dumb. Sorry to say, boy you hear about this on all the judge TV shows. The only thing you can do is to show that you have received payments in the past which would indicate some type of agreement. The only option is small claims court.
But from what you told me, you are left holding the bag, and you have no options because you have no idea where this per son is.
If you do find her then go to your city district court and file a small claims against her. You have a weak case because you HAVE NO WRITTEN AGREEMENT. |
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ibu guru
 |
You needed a written agreement or her name on the lease signed with the landlord. She has skipped out on you and all the warning signs were there -- and you ignored them.
Now you are stuck but good. She's gone, and she probably left no forwarding address with the PO either. You might also expect some additional bills to be arriving. She's a con.
CHANGE the locks urgently! |
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Jen M
|
This is why you should never do anything on a verbal agreement and the lease should have been in both of your names.
It is your word against hers...I would at least try to get the keys to your place back but, if she has moved out everything I doubt you will be able to even do that...maybe if you have some mutual friends they can remind her to send you the keys. |
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chuvantirom
 |
you could try to slap her with a suit in small claims court, BUT since this was only a verbal agreement there is not much you are able to do. if you had something in writing that stated your arrangement than it would hold up in court much better than verbal. your apartment complex is really not able to do anything either. you may get in trouble for an extra person living with you that is not listed on the lease even as an occupant. i would suggest letting it go and not putting yourself in a position like that again. |
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bobby
|
next time be more carefull who you pick as a roommate. This sounds like she bailed on you. If you can find her you could file acharges but if you can't don't bother. |
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HelpMeEscrowStuff
 |
Lots of people giving advice on here... however, i see no one mentioned this piece...
Your lease most likely has a clause about sub-leasing.... most leases say you CANNOT sublease. Basically, what you did was sublease to your roomate. If your lease states that you cannot sublease, and you go and try to sue your former roomate over this, chances are, your current landlord will find out about it and YOU can be evicted. This is why anyone who is a roomate needs to be *on* the original lease. Verbal agreements do not fly. It doesn't matter if they've paid 50/50 and showed a pattern of paying. No one can prove that the "verbal agreement" didn't end in June.
You're stuck. Sorry!
PS... to the poster who said "Change the locks! urgently!"... you CANNOT do this. You do not own the property, only the landlord can change the locks. Of course, if you tell your landlord the situation and they find out you've been subleasing, then you'll probably be evicted. |
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Bibs
 |
To win a court case in a civil matter, the burden of proof is on the complainant. You must have more evidence in your favor than she does. Do you have any written evidence of your agreement? Do you have any witnesses that are willing to testify that they heard her admit that such and such was true. If you have the evidence you can start a suit for a judgment. You can use her last known address. Can you prove what she owes to you? When you get the judgment, you will not get any money; but if you know where she works, you can garnishee her earnings. Consider the fact that you will have to take time to appear in court on the appointed day. Is there enough money involved to justify the inconvenience to you? |
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ILuvsnow
|
I'd ask a lawyer since she didn't sign anything you may just have to pay it yourself. I would try though and if she finds out that you're getting a lawyer she may cough up her part. |
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Jerry J
|
I'm afraid you are stuck |
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Jools
 |
You had no contract with her -- bad idea. Your best bet is to rush to find a new roommate. There are lots of roommate listings online. You should probably get busy on that right away if you cannot afford the bills.
Waiting for her to call you back isn't going to help your situation. She's not going to pay up. Ever. |
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100% Organic Snark™
 |
Verbal agreements don't hold water. You're SOL. |
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john e
|
Change the locks. |
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Heather W
 |
the "verbal agreement" wont hold up. With everything in your name...you have no case UNLESS you can show proof of past partial payments from her. What does you lease say about Subletting? Because basically if you show up in court....the judge might just focus on the fact that you were breaking the terms of your lease.
BE happy a person like that is gone from your life. Change the locks ASAP and provide the manager/landlord with a copy and explanation. Just eat the cost of the utility bill. Good luck . |
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Parrothead
|
This is why you get a written agreement. There is not a whole lot you can do. |
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Elaine K
|
There's not much you can do. A verbal agreement is he-said she-said, unless other people witnessed the agreement. You could try taking her to court, but that'd just be a waste because it isn't likely you'd win.
I'd change the locks, and talk to a lawyer if you can, and at least get the legal jargon. Sometimes if you threaten a lawsuit, and throw out legal terms, that can scare bum roommies into paying up. |
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mommy of 2
 |
I would consider taking legal action if you cannot get ahold of her in a few more weeks. |
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