Ex Roommate Legal Rights

**lo_nc84** · 09-23-2009, 02:15 PM

My question involves a roommate in the State of: Georgia.

I have a few questions. Here's the background info:

My gf and I were living in Maryland we wanted to move back to Georgia. We saved up money and called our friend of 10 yrs. Big mistake on my part. We asked him if he wanted to move in with us. He said yes and started looking for places while we were still in Baltimore. He found a place we all agreed on, and my gf and I faxed our rental application to the apartment complex. Everything was fine until they said that we weren't gonna be able to be on the lease because we didn't have proof of employment. I didn't have 2100 in my bank but would before we left. With hesitation on my part my "friend" put his application as the sole tenant and said that when we moved down and found jobs he would add us. The aprtmt complex tore up our application and blacked out our names from the lease. We verbally agreed that we would pay 425 and him 350. We agreed to split the deposit and fees.I paid 200 towards the deposit and 200 for the prorated rent. I signed the money orders and handed them to the apartment complex, and he signed the lease. We moved in and I paid my first months full rent 425 on Aug. 1st. My roommate started using drugs and flipped out. He told my gf on her birthday the 20th of Aug. that we had to move out by Monday at 8am. I told him he had no legal right he said that the apartment complex said he did. I called to verify and they said since I wasn't listed on the lease as a tenant and he hadn't added me as an occupant that I had no legal right to be there and that he could change the locks. Things got sticky and I decided to move to my parenst in NC to get away from the situation. I took everything I could fit in my jeep and left on the 28th. I told him I wanted my deposit back he said fat chance and told me he was changing the locks. I know I have rights. He is now saying that he is going to throw my couches out on the first of Oct. if I don't come get them. I don't have the cash because I spent most of it on the apartment and rent and have to find a new job in a different state. He wont speak to me only through a friend so nothing is ever been formally said to me. I told my friend that if he damages my things I will sue. I want to know one can I sue him in small claims court with the verbal agreement and with the money order with my signature? Two if he does throw my things out can I sue him for the loss of my furniture? No written notice? Not enough sufficient time to get my things out when he said he's changed the locks? Where do I stand?... Do I have a shot in hell?

**lo_nc84** · 09-24-2009, 10:35 AM

have a few questions. Here's the background info:

My gf and I were living in Maryland we wanted to move back to Georgia. We saved up money and called our friend of 10 yrs. Big mistake on my part. We asked him if he wanted to move in with us. He said yes and started looking for places while we were still in Baltimore. He found a place we all agreed on, and my gf and I faxed our rental application to the apartment complex. Everything was fine until they said that we weren't gonna be able to be on the lease because we didn't have proof of employment. I didn't have 2100 in my bank but would before we left. With hesitation on my part my "friend" put his application as the sole tenant and said that when we moved down and found jobs he would add us. The aprtmt complex tore up our application and blacked out our names from the lease. We verbally agreed that we would pay 425 and him 350. We agreed to split the deposit and fees.I paid 200 towards the deposit and 200 for the prorated rent. I signed the money orders and handed them to the apartment complex, and he signed the lease. We moved in and I paid my first months full rent 425 on Aug. 1st. My roommate started using drugs and flipped out. He told my gf on her birthday the 20th of Aug. that we had to move out by Monday at 8am. I told him he had no legal right he said that the apartment complex said he did. I called to verify and they said since I wasn't listed on the lease as a tenant and he hadn't added me as an occupant that I had no legal right to be there and that he could change the locks. Things got sticky and I decided to move to my parenst in NC to get away from the situation. I took everything I could fit in my jeep and left on the 26th he said he wouldnt do anything to my furniture. I told him i'd be back as soon as I could. I told him I wanted my deposit back he said fat chance and told me he was changing the locks. He is now saying that he is going to throw my couches out on the first of Oct. if I don't come get them. I don't have the cash because I spent most of it on the apartment and rent and have to find a new job in a different state. He wont speak to me only through a friend so nothing is ever been formally said to me. I told my friend that if he damages my things I will sue. I read that since my roommate and I had a verbal agreement we technically have a sublet and he is then considered my landlord and I the tenant. I was forced to move out, threatened that my stuff would be thrown on the streets while I was a work. I stopped staying at the apartment 08/26 I was paid till the 1st (7days). I want my security deposit back he is now moving in a mutual friend of ours and she will be living there paying nothing more than a pet deposit as I have already paid the security deposit.

1. Did he really have the right to throw me out and my things although I paid my rent and offered to pay it until I could find another place?

2. Would I have a good fighting chance with my signature on the money order and the verbal we had for a small claims suit?

3. I was forced out of the apartment with the threatening of throwing my stuff out the door and changing the locks and not allowing me access. Can I sue for the prorated amount of rent from the day I stopped staying there?

4. He agreed to pay me back my security deposit "through" the mutual but then changed his mind and now says no. I only lived there a month can I get my deposit back?

5. How long is considered responsible when someone changes the locks and you live out of state for you to get your things? He hasn't tried to contact me only mumbles things to a friend of mine never directly to me. Can I sue for that?

6. He technically did a lock out what are the repercussions of that?

Any answers to the questions I have will be helpful.

**Mr. Knowitall** · 09-26-2009, 06:44 AM

You can sue him in smalll claims court. You will demonstrate that you paid him $425, which you will contend was rent and which thus created a tenancy that was improperly terminated. He will reply with... whatever his story is. Then the judge will decide which side is more credible.