I am seeking advice in relation to small claims court and a oral agreement.
In November of 2010 my best friend and I signed a one year lease on a townhouse. We moved in the middle of November and were required to pay the first months rent (950$) and a security deposit (1050$) at the time we signed the lease. AT the time she was still living with her previous roommate and paying rent there. I had money saved up from living at home and preparing to move out. She had found out about a month before that she had to be out of her current house because her roommate was moving out December 1st when the lease was out. WE had discussed all summer about getting a place together so when we found the townhouse we both loved available we applied for it.
I was told that she didnt have money to pay for it all upfront because she still had another months rent/utilities to pay for at her old apartment. Since I had money saved up I paid the 2,000$ deposit/rent and we mutually agreed that once she moved out of her old place and wasnt paying rent she would pay me back 1000$ (half the rent for the first month and half the deposit). The check given to the landlord is in my name for the whole amount. We were both put onto the lease.
A few months went by and my money was never mentioned. I was ok with that and figured she needed to catch up and get through the holiday season. I didnt have any plans for that money until spring anyways so I didn't bug her. In February I went out of town and asked her if she would be able to pay me back before I did so that I'd have some extra spending money. She beat around the subject and never gave me a straight answer. After pestering her for a week she gave me a check for 200$. Not what I asked for but I figured that was the best she could do so I didnt say anything. I deposited the check and went on vacation.
When I returned from my trip she told me that when she got her tax return back she planned on paying me back ASAP. I could live with that. Two weeks later I came home from work and she proceeded to tell me about the three credit cards she paid off with her tax return. I was like, thats great but I though I was getting paid back with that money. She then changed the subject and didnt mention it. At this point I started to get frustrated with the money situation, but we were best friends and I figured she was still good for it so we continued on.
Within the last month and a half living together has slowly began to decompose our relationship/friendship. I don't agree with how she lives or the things she does and vise versa. We have been arguing a lot and were not on speaking terms.
Last week we had a huge argument that involved her preaching to me about how I should spend my money. It ended when I called her out on owing me money and told her she could shut up until she paid me back. On Wednesday night I told her to leave me a check for the remaining 800$ by Sunday night when I got home (I was out of town for work). She told me that she owes me no money because I get that money back when we move out in November of 2011.
So basically she didnt pay her half of the first months rent and lived here for free. And she is on our lease and living her now but never paid any part of our security deposit. Nothing was in writing initially because I figured I could trust my best friend not to be a lying back stabbing person once money got involved. Her mother is threatening to get an attorney and have me kicked out of my house (which I know legally they cant do).
All I want is my 800$ back, and after that if I can I'd like her to move out. I will settle for my money back and her staying here so long as she has paid up what I feel she owes because its not fair for her to have lived here rent free or on my security deposit.
While nothing is in writing initally I have posts from facebook of her and her mother threatening me about the situation and her flat out saying that "if I continue to act this way I will never get any of my money". I also have a few texts that reference her owing me money and why she feels she doesnt really ever have to pay it back to me. And then her 200$ check that she gave me back in February which was towards the payment that she believed she owed me back then. The initial check to the landlord is in my name, and she can't prove she ever paid me money other then the 200$ check.
I am looking into small claims court but I wanted opinions on whether it would be worth my time or not. I live in the state of MD. I don't have anything written and there was never a "due date" by when she was supposed to pay me back other then asap and by spring when the weather got nice because its money I'd use to put towards my car. Some people have said that the checks and written threats from her will be enough to give me somewhat of a case and others have said not to even bother.
I'd love any opinions or experience you guys have with this issue! I am stressed to the max and ready for it to be over with. I just want my money and/or for her to move out because its pretty miserable living conditions right now.
Thanks!

