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  1. #1

    Question Can I Get Back the Rent I Paid

    My question involves a roommate in the State of: Virginia

    I moved in with 2 roommates almost a year ago. I left the home about 3 months into the lease due to them being dirty, loud, and inconsiderate people. I continued to pay my 1/3 of the rent faithfully since I left. I left my room and bathroom empty, but still paid rent. I also left a couch there, but since I was still paying rent there I hadn't abandoned it. It was still my property to have access to. I hadn't been back to inspect the place since I left because it was so nasty in there that it made me sick to think about returning to the property. Normally I had been mailing the checks, but last month and this month I went in person. I went to deliver the check for last month's rent, but noticed from the parking lot that there was stuff in my room. I didn't have any proof at that point, so I just left the rent check and decided to inspect the place before the next month's rent was due. This month I went back to pay and saw very clearly from the parking lot that the room was decorated with items and a light was on in there. I went back to the house when no one was home a few days later and took photos of all of the items in the room plus the additional cats that were now residing in there. It was clear that there were others living within the room and it wasn't just a storage space. I've notified the office of this and they haven't really done anything to evict the other people. I found out that the other 2 roommates have been living there since about November. So now there are 4 people living in the home and splitting the other 2/3's of the rent that I wasn't responsible for. So essentially 5 people are paying the rent there. I am paying 1/3 (and don't even live there) and the other 4 are paying 2/3. Doesn't seem quite fair does it?? I was not aware that the others had moved in, nor would I have agreed to it unless my name were removed from the lease and the other 2 added to it. Unfortunately no one in the rental office was notified of the new roommates (which is against the lease contract) so I was kept on the lease. I have since stopped paying rent (there's only 2 months left anyhow).


    My questions are:
    Can I take the 2 roommates to small claims court (the ones actually on the lease) and demand my money back that I had been paying for the past several months? I should not have been paying rent for a room that others were living in (illegally I might add). Granted my name was on the lease, so I was responsible for it.. however my name SHOULD NOT have been on there if there were others moving into the space. I think the amount that I would be owed back would be roughly $2100.

    Also I would like to sue for the price of the couch that I had left there because they trashed it and it's no longer there. It was probably a $1,000 couch that was like new when I put it in the house.

    Lastly I want to sue for my 1/3 of the initial rental deposit. I assume from the nastiness in the house that once they leave they may not get that deposit back. Even if they do I was told by the rental office that since I am no longer residing in the home that the deposit would go back in the other two roommates names. Is it possible to get this money back from them as well? It would be 1/3 of $500.

    The total I would be suing for would be about $3300 PLUS court costs and lost wages. Can I sue for all of this at one time?

    I appreciate ANY help I can get. Thanks!!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Get Back the Rent I Paid

    Can I take the 2 roommates to small claims court (the ones actually on the lease) and demand my money back that I had been paying for the past several months?
    most likely.
    Also I would like to sue for the price of the couch that I had left there because they trashed it and it's no longer there.
    most likely not. Although you paid rent, you did abandon the residence and the couch. Apparently you didn;t feel you had any right to enter the premises as shown by your viewing from the parking lot rather than entering the apartment.

    Lastly I want to sue for my 1/3 of the initial rental deposit.
    that is a tougher one. You are not due your deposit until your lease is terminated and that is apparently another 2 months. I would give the LL notice of termination of the lease so when the current lease expires, the others do not simply renew the lease but have to sign a new lease without you on it. At that time, the LL should do a damages inspection and calculate your deposit and return it to you.

    I assume from the nastiness in the house that once they leave they may not get that deposit back.
    then you are not going to get your deposit back from the LL either since as joint tenants, you share the liability.

    Even if they do I was told by the rental office that since I am no longer residing in the home that the deposit would go back in the other two roommates names.
    Wrong. Any deposit return should be issued to all signatories of the lease.

    Is it possible to get this money back from them as well? It would be 1/3 of $500.
    If the LL fails to issue the return to all 3 entities, you would need to get your share from the other tenants, even if it requires suing them. If there are damages that the deposit is not returned, IF you can prove the damages were since the time you left, you would be able to sue the other tenants for your share of the deposit but suing and winning would be difficult.

    The total I would be suing for would be about $3300 PLUS court costs and lost wages. Can I sue for all of this at one time?
    lost wages? for what? generally you do not get lost wages in a situation like this unless there is something other than the time you took to sue and such.

  3. #3

    Default Re: Can I Get Back the Rent I Paid

    Thanks for the advice "jk"!! I'm likely going to file the court papers on Wednesday, but am trying to figure out what I have a right to sue for.

    As for the couch.. I didn't abandon it. They ruined it before I left. Their dog urinated all over it and destroyed it. I kind of felt like that place was now my storage facility because I was still paying rent, so I had every right to leave property in my own place. Also it's not that I felt I had no right to enter the place... it's just that those times that I visited I didn't have my key with me - so I could only see from the parking lot. When I went back to get the photos I did enter the premises. I have every right to.

    The lost wages would just be the days wages I will lose for having to take off to go to court.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Get Back the Rent I Paid

    you aren't going to get your wages. that is simply an assumed cost of this and not generally recoverable.

    what you should be entitled to is whatever rent you paid after the new roommates took possession of your room and maybe, I repeat; maybe, the depreciated value of the couch. The couch issue may not be winnable but it doesn;t hurt to put it in and hope for the best.

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