Moved Out Over a Year Ago, Ex-Roommate is Suing for Rent

[ajnewman]

If the practice was that each co-tenant would pay half, then that's evidence of the agreement. I expect both roommates would also testify about the agreement as to how rent was to be split.

General question regarding this: Why would it be that splitting the rent for 2 months, then not splitting the rent for 10 months establishes an agreement that rent should have been split all the time? It seems that there was 5 times more of the second behavior so that would be what establishes the pattern

[jk]

General question regarding this: Why would it be that splitting the rent for 2 months, then not splitting the rent for 10 months establishes an agreement that rent should have been split all the time? It seems that there was 5 times more of the second behavior so that would be what establishes the pattern

just because he did not demand the rent from your gf does not mean the contract she pays 1/2 the rent was terminated. She accrued her 1/2 share of the rent every month she didn't pay it.

It comes down to: was there or wasn't there some agreement she pay 1/2 of the rent upon signing the lease?

[ajnewman]

From the facts stated and discussed thus far, can anyone suggest if it be worthwhile to pursue legal representation or is it likely that doing so will just result in having to pay attorney fees on top of whatever judgement may be rendered adding up to a larger sum than if we had just paid the full claim initially (~4k$).

Also, in small claims court, can you make a counter offer to try to settle out of court? If you do this and they don't accept can they use that against you in the hearing as an admission of liability?

[jk]

ajnewman;622575]From the facts stated and discussed thus far, can anyone suggest if it be worthwhile to pursue legal representation or is it likely that doing so will just result in having to pay attorney fees on top of whatever judgement may be rendered adding up to a larger sum than if we had just paid the full claim initially (~4k$).

first, haven't checked but many states do not even allow lawyers in small claims. Check that out before considering it any further. Then, chances are she will lose. The only real question is how much the judgment will be. Adding lawyers fees on top of a relatively small amount will basically just mean she pays more but still loses. Unless the lawyer could win or at least reduce the amount of the award to match his fees, she loses more with a lawyer. Most likely she would not benefit from a lawyer.

Also, in small claims court, can you make a counter offer to try to settle out of court?

absolutely. In fact, most SCC prefer you do make an attempt.

If you do this and they don't accept can they use that against you in the hearing as an admission of liability?

Nope because it isn't. It is an attempt to settle the case without going to court which means nothing as far as liability goes.