Suing A Former Roommate For Letting Her Boyfriend Stay Rent-Free

[cosmodoll]

I may end up having to take my former roommate to court to get my security deposit back. If I go this route, may I also ask for back rent for her unemployed boyfriend living there for free for 6 months??

In November of 2004, she asked if he could stay with us for two weeks. He is still there.

She has never initiated a conversation with me about his staying or going, and although several fights in the middle of the night indicated he might be moving out, he never did.

I finally got really fed up and made her pay minimal rent and 1/3 of utilities in June of 2005. He is unemployed and an habitual cocaine user, so going after him is pointless.

I realize I let this situation deteriorate and kept silent about it, but it was never my intention to let this person live in my home, let alone for free. Do I have any recourse for back rent and utilities?

Thank you!!

[Thanks]

I'm unclear about your situation, but regardless, do you have anything in writing?

[cosmodoll]

I'm unclear about your situation, but regardless, do you have anything in writing?

Not with her, no. Here's the sequence of events, as drama-free as I can present them. I apologize for the length.

November 2003 we enter a lease together. I transfer my security deposit from my 1 bedroom apt to our 2 bedroom.

November 2004 she asks if this guy can stay for two weeks.

December 2004 he loses his job.

February 2005 I tell her I am uncomfortable with him living there. She says "We'll move out" and leave me stuck with the lease.

May 2005 I insist that she pay a portion of the rent and utilities for him. She reluctantly agrees, after an argument, and me stating that "NO, he is not just 'living in your room', he is in my HOME"

June through present, the rent is allocated per our verbal agreement.

Meanwhile, the entire time, they are waking me up constantly throughout the night, several times a night, with either their loud conversation while drinking and doing drugs, or outright yelling and screaming at each other. I stay with my boyfriend or my sister as often as possible.

Eventually, the situation becomes unbearable and I write a note asking them to be quiet at least between the hours of 1am and 7am on nights when I have to work the following day (I work M-F, like a lot of people. There's no difficult schedule to follow here)

They are unable or unwilling to comply with this request.

Their fighting and waking me up escalates, until August 23 when, I take my cat and I leave.

I put it in writing that I would continue to pay my portion of the rent through the term of the lease. I believe it is my financial and contractual obligation to do so, and I will live up to my obligations.

Furthermore, I will pay the power bill through 9-15 for all three of us, to cover what utility costs I incur during the times I come and go to pack my things, but I am leaving my furniture and belongings there until the lease is up. (I didn't see the point in storage when I am so obviously paying rent).

Sunday, I am doing a load of laundry, and she rudely asked if I was going to pay for the water and power. I tell her that I already have compensated her for that. I paid the power from Aug 24 to Sept 15 when I wasn't living there. Not just my third, but all of it. During this conversation I find out that she is not moving out at the end of the lease (October 31) but staying month-to-month.

Through conversations with the leasing company, they tell me that they will not release the security deposit until the apartment is vacated. I tell my former roomate that she needs to write a check for her own security deposit, and we will get an interim walk-through so I can get mine back. I have no idea if she's going to comply with this, as the leasing office can't force her to.

I may end up taking her to court for the security deposit, but if I do that, I would like to know if I have any recourse for back rent as well. Does any of this make sense?

Had I known at the beginning that they intended for him to stay, this would have been handled a whole lot differently, and I would have demanded compensation from the get-go.

Is there anything I can do?

Again, I apologize for the length. This situation is driving me insane.