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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Roommate Suing Over Utility Bill 4 Months After Moving Out

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

    My roommate moved out in June 2006 after a fight over me not wanting her very sketchy unemployed boyfriend to be left alone in our apartment while we were at work. I had been paying her $70 a month for the electric and gas bill for the entire duration of our lease. In October she began sending me harrassing emails claiming I owe her $740 because she had signed up for the budget plan and did not monitor it.

    I have copies of my checks for 70 dollars a month from February to May that were paid to her stating for utility bill. I have copies of emails where I ask her to make sure that 70 dollars is the correct amount of money that I owe her. I have her reply email stating that she signed up for a budget plan and I only owe 70 dollars and to just pay 70 a month by the 14th of the month and not ask again. I have requested the account history to see if there were any late fees levied against the account. She sent me a copy of every month's bill which clearly states 140 dollars billed, actual usage well over 200 dollars but no account history showing if there were ever late fees assessed.

    I have refused to pay her the 740 dollars on the grounds that I never agreed to pay anything additional beyond the monthly payments of 70 dollars. She is taking me to small claims court. The court date is approaching and is her claim legitimate and what do I need to take with me to the court date?

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Roommate Suing Over Utility Bill 4 Months After Moving Out

    Don't sweat it. People have sued me a few times in small claims figuring I would cave, and settle. I didn't. It sounds to me the case could go either way, but more than likely favor you.

    Just present the facts as you have stated here to the judge. The key would be "did you guys agree on a 50/50 split in the beginning"?? Did you?? Or does the emails show that you pay a fixed $70, and that's it. Often with budget plan's somwhere along the line there's a catchup billing.

    Since she's suing you, she has a burden of proof.

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