Roommate Owes Rent, Belongings Left In Apartment

**mdt_ct** · 08-11-2007, 12:06 PM

Hi, I'm having issues with a new roommate in my apartment in Connecticut. I've lived there for a little over a year, and the lease has always been under my name only.

Upon moving in, my roommate provided me with a check to the landlord for first month's rent, and a check made out to me for the deposit (a month's rent). The check to the landlord bounced, and when I contacted my roommate about it (who had moved in belongings but was not staying in the apartment), he stated that he did not have the money at that point, but would try to get it soon.

In the weeks to come, we scheduled several exchangings of rent, but he backed out and didn't show every time. He avoided my calls, and would only respond in emails after waiting days. The final promise was to come by the apartment, collect his belongings, and leave a money order for the current month and the next (which was about to be due). As I needed to leave town for the weekend, which my rooomate knew, I had the locks in my apartment changed as I feared that he would take his stuff and vacate without paying.

After he attempted to get into the apartment and couldn't, we met face to face a few days later, and he provided me with one month's rent only. At that point my roommate collected some of his belongings and agreed to come by with the current month's rent in exchange for the remaining items.

The bottom line is that my roommate owes me a month's rent, his name is not on the lease, and I'm holding his belongings. What rights or obligations do I have with regard to his property, and what can I do to ensure he gives me the money? Thanks so much if you made it through this, this has been a very stressful experience for me and I really need some advice.

**Mr. Knowitall** · 08-12-2007, 07:53 AM

Sue him in small claims court for the money he owes you, and return his belongings.

**mdt_ct** · 08-12-2007, 08:11 AM

Thanks so much for your advice. Are there any consequences to withholding his belongings and preventing him from getting back into the apartment? The purpose would be to have leverage with which to bargain getting the money that's owed to me.

**Mr. Knowitall** · 08-12-2007, 08:56 AM

I understand the reasoning. But it isn't your property and you don't have a legal right to hold it. As he apparently isn't inclined to make a police report, I would expect that he would counterclaim against you in your small claims case, and you would probably get a lecture from the court (and may be taken less seriously, and may recover less money).