My question involves a roommate in the State of: Oregon
I moved into an apartment on May 31, 2009. I gave my roommate two money orders for $350 each. One was for Junes rent and the other was for my last months rent. She was suppose to give our landlord these two money orders. I got a receipt from her stating what I had given her and what they were for. I found out later that my roommate was more than $800 behind on rent. She was evicted last week and I moved into a vacant apartment upstairs. I'm moving at the end of this month so I assumed that my rent was covered since I'd paid first and last. It turns out that my roommate neglected to give our landlord the second $350 money order so my last months rent was not covered. I've made other arrangements to work off this month with my landlord. I'm basically paying rent twice for the month of August. I'm furious! :wallbang: My ex roommate doesn't think she needs to pay me back because I was renting a room from her and not from the landlord (which is totally incorrect because I found out later that legally she wasn't even suppose to allow anyone to move in until they were approved by the landlord and the landlord had no idea I had moved in until after the fact) . I filed a small claims case yesterday in our county. It costs me $50 to file. My landlord said he'd testify that he never got the money order and I have the receipts etc.
What's going to happen? Everyone I've talked to says I'll win without a doubt but none of them know much about law. She can't just take my rent money and do whatever she likes with it.
Her other argument is that she's the only one on the lease so she had the right to charge me whatever she wanted to. The only reason she's the only one on the lease is because she lied to me and told me that the landlord knew that I was moving in. It's my understanding that it doesn't matter if she's the only one on the lease. Once I moved in I accepted the lease based on my own conduct, weather my name is on it or not.
She's also threatening to counter sue. For what? I have no idea. I don't owe her any money. I'm good with the landlord. She's more than $1100 behind now.
Can someone give me some insight on what will happen if she decides to request a hearing and take this in front of a judge?