Enforcing Verbal Agreements For Utilities Never Paid By Roommate

[jac8724]

Illinois

My roommate has NEVER paid any utilities in the two years we’ve been living at our apartment. I’ve asked hundreds of times, and she keeps saying she'll pay it later. Well now I am moving out, and she is refusing to pay it all together.

My question: Upon initially moving in, we verbally agreed on paying the utilities 50/50. About 6 months later, while in one of our many fights over her paying utilities, she declared paying 50/50 on the electricity was unfair to her because I was home more often, using it more. So I begrudgingly agreed to her paying me only 30%, verbally, in hopes that she would start paying the bills. Never saw a dime. About a month ago I gave her a print out of the utilities over 2 years (not including the last month which I haven’t got yet), with the electricity at 30% and cable/internet at 50%.

Now that this has to go to small claims, can I just print up a new bill for all utilities 50/50? I know in court she is going to try and claim we agreed on 30%, and bring the first print out I gave her, and not the second one. The only reason I agreed to 30% was in hopes of getting paid, which I didn’t. What do you think my best option for winning this is?

[aaron]

If you went to court asking for half and her response was, "We agreed I would only pay 30%", she would very likely convince the court to award at least that 30%. The more difficult case is if she denied any agreement whatsoever, although I suspect the court to be skeptical of a claim that although you each paid half the rent, you had agreed to pay all of the utilities.

[jac8724]

Thanks, I thought that might be the case. Last night i started writing the Demand Payment Letter that i will use in court bc i know it wont result in money. Can you read this paragraph and see if it convinces you? otherwise maybe ill just simplify it to the 30%, but that would put the total under 1500 and i would have to go to a different court (Cook County Illinois)

RE: Payment Demand Letter

History of Dispute:
Upon jointly entering our lease, a verbal agreement was made to split shared utilities at fifty percent per person. This included an electricity bill from ComEd and a cable/internet bill from RCN.

Upon many months of unpaid utilities from you, a discussion was held concerning the reduction of your ComEd electricity payment from 50% to 30% in order to resolve the issue of your non-payment. This discussion has failed due to lack of consideration (payment). Two years have passed and no utilities have been paid at either the 50% rate or the 30% rate. Many requests have been made, written (exhibit A) and verbal. You have responded to each of these requests stating your part of the utility bills will be paid at a later date. Upon the written termination of my half of the lease, I am now asking that you pay the originally agreed amount of 50% for both ComEd and RCN.

[aaron]

Do you think it will inspire her to pay? To make a response admitting the debt?

[jac8724]

i gave her a bill last month, she said she would pay later, and now im leaving in two days and she says she doesnt have the money and isnt going to pay anything. so im writing the letter more to satisfy court procedures. i am going to conclude the letter by stating if i am not paid in two weeks, i will request a court mediator, and at last resort small claims. I know the letter is not convincing her to pay. i need to convince my small claims judge. i just dont want to extend beyond whats reasonable and end up with nothing.