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  1. #1
    Join Date
    Oct 2007
    Posts
    27

    Default Collecting Rent and Utilities After Informal Roommate Tenancy

    My question involves landlord-tenant law in the State of: New Jersey

    Verbal agreement with friend:

    - Free Rent long during period of license suspension in return for ride to work. However, 1/2 of utilities must be paid.

    - After a month, friend asked for cable TV and agreed to pay for it.

    - 5 months later i got license back as scheduled (end of free rent). Roommate stayed for another 7 months (i did remind free rent ended during this period, never directly set level).

    - During duration utility bills were posted in common area (kitchen)

    - Another roommate moved in for $650 a month, other roommate was aware he was paying this.

    - On at least one occasion, it was explained to the first roommate that free rent ended per agreement.

    Total bill came out to ~$4,000 including TV, Utilities. Rent was reduced from the $650 to a lower level with explanation of appreciation for moving in and not damaging the house. A bill was delivered (tabulated in excel) along with copies of utility and cable bills.

    Question:

    New Jersey limits small claims to $3,000. Can i take each line item as a separate "case" as they were different agreements? Well.. really combine the rent/utilities under one agreement and cable TV under another?

    Is it okay to assign a rent without agreement in the way above? I am the house owner and live here, and took all of the bills (mortage, utlities) and divided it by three. I have over 1/3 use of the house (i primarily have use of the garage and park many things outside, the larger room in the house (i was here first)).

    I have other friends who i offered the same deal, should I subpoena them? I have another friend who lived in the house at the time. During those months being reasonable i split utilities by 1/3 and cable by 1/2 showing an attempt to be reasonable.

    What would be the best strategy in NJ? I'm trying to go into a situation being realistic and also not looking to go to court with a critical thinking flaw.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Collecting Rent and Utilities After Informal Roommate Tenancy

    You never agreed on a rate of rent with this person, so what you agreed to charge another person (or what they agreed to pay) is not binding upon them. You're free to argue to the court that there was an agreement to pay rent as of a certain date, and that the other roommate's rate suggests that $650 would be reasonable, but nobody here can promise you that a court will be convinced by either argument. Witnesses who can testify that the person agreed to pay rent might be helpful; witnesses who will talk about what they, themselves, paid, not so much.

    The amount your former tenant owes you as a tenant is a single case, not multiple cases.

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