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  1. #1
    Join Date
    Jan 2016
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    2

    Default Roommate Won't Pay Rent

    My question involves landlord-tenant law in the State of Wisconsin. Part way through the semester my roommate and I allowed a friend to move in and be our third roommate. Because the third roommate was always planning on moving out early, due to already having his name on a different lease which would start a few months down the road, he never signed the lease. However, we had a clear verbal agreement between all three roommates that the third roommate would pay an even fraction of the rent which would be due to us by the time he moved out. He has now moved out and never paid us any money for the rent. I have attempted to contact him several times to receive payment but he seems to be ignoring me. My question is do I have legal authority to make him pay us for rent based on our verbal agreement? I appreciate any help on this issue.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Roommate Won't Pay Rent

    You and your other roommate can attempt to enforce the debt through small claims court.

  3. #3
    Join Date
    Jan 2016
    Posts
    2

    Default Re: Roommate Won't Pay Rent

    Obviously I know that I could possibly resolve this through small claims court. That is not what I am trying to learn from this post. I am trying to learn if there is a legal precedent establishing that a roommate not signed onto a lease will be obligated to pay the full amount stipulated within our binding verbal agreement. The proof I have of the verbal agreement consists of text messages which make mention of him living in the apartment. Also, I have multiple friends who witnessed that the third roommate did in fact move into the apartment and was living there for quite some time, something which could not happen if there was not a verbal agreement already in place. I do not have or know of the resources to research a legal precedent. Therefore, if someone could provide me with a direct answer to my question or provide me with clear resources, it would be greatly appreciated!

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Roommate Won't Pay Rent

    You are free to try to convince the court that you had a "binding verbal agreement", and the terms of that agreement. If the court agrees with you that the agreement exists, that its terms are as you assert, that it's binding on your ex-roommate, and that your ex-roommate failed to uphold his end of the bargain, then it's reasonable to anticipate that the court will award you the unpaid rent.

    There are many, many cases about enforcing contracts through the courts.

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