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  1. #1

    Default Roomie Paid Until She Left, Then Stopped Paying Her Share

    My question involves a roommate in the State of: Colorado

    Hey, Just found this site, and I have a question:

    I had this roommate who suddenly left. She was paying her portion of the bills up to this month without an issue. However, her leaving suddenly gets me stuck with the 720ish monthly bill for the next 3 months. We are both on the lease. My credit is near perfect, so I cant afford not to pay (or get evicted as I am currently living here). Her credit is horrible, and she doesn't care. I cant afford to pay the full rent for the next 3 months.

    Now that you know what I am dealing with, here is the question: Because her name is on the lease, can I take her to small claims court to recover her portion of the rent for the rest of the lease?

    Also, because she is still on the lease, does that mean that she has access to my apartment? I obtained both original keys from her, but if she makes a big stink about getting in, do they have to let her in?

    Any help would be appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roomie Paid Until She Left, However

    Because her name is on the lease, can I take her to small claims court to recover her portion of the rent for the rest of the lease?
    Yes, you do. She's in breach of contract.

    Also, because she is still on the lease, does that mean that she has access to my apartment? I obtained both original keys from her, but if she makes a big stink about getting in, do they have to let her in?
    Yes. Unless and until she is removed from the lease, she is still considered a tenant, and still has the right to enter at will.

  3. #3

    Default Re: Roomie Paid Until She Left, Then Stopped Paying Her Share

    Thanks for the information. What would I need to get started with this? I have never taken someone to small claims court before.

    Since I know nothing about this stuff, is there an article on expertlaw.com that explains that I can sue her for the payments which I can email her to scare her into paying? I really don't want to have to take her to court if I don't have to.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roomie Paid Until She Left, Then Stopped Paying Her Share

    What would I need to get started with this?
    You would need to contact your local Clerk of Courts for the relevant forms, and read here.

    Drop her a note explaining that she is still legally obligated to pay her share of the rent until the end of the lease term. (This is probably even explained in your lease.) Note that if she doesn't meet her obligations, you'll take her to court.

    Then, if she doesn't pay up, do it.

  5. #5

    Default Re: Roomie Paid Until She Left, Then Stopped Paying Her Share

    Since you guys where so helpful, I have some more questions about making the case.

    The evidence I have collected is as such:

    The lease with her name on it.
    Bills for the cost of rent.
    Bills for the cost of utilities.
    Police Call Screenings, IM messages and a TXT message of her admitting to owing me 350 for the first month.

    I am going after her for the rest of the lease (~1000 dollars she owes me). Can I use the call screenings(she admitted that she owes me 350) and the IM conversations to prove that in our verbal agreement she owes me 50 percent of the rent for the rest of the lease, since the lease is ~700 dollars per month? Do I need to obtain more evidence?

    I figure that if the judge says no to her owing me for the rest of the lease, at least I can get a guaranteed 350 dollars and I would recoup the cost of court and make some money for my troubles. What do you guys think?

    Also, if there is more costs associated with her (like if I cant get out of my contract without penalty) can I increase the amount I am sueing for at the date of trial? The trial is already scheduled, and I will know by the time the trial date is if she owes me more or not.

    Thanks for the help.

  6. #6
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Roomie Paid Until She Left, Then Stopped Paying Her Share

    The more 'evidence' you can bring into court with you, the better. Some of it is going to be up to the judge and even if you are awarded the amount of money you are looking for from her, there is also the challenge of making sure she pays you.

    In the meantime, as much as it stinks, you need to pay your entire rent every month. it is not the landord's responsibility to hunt down your old roommate. The amount of rent agreed to on your rental agreement has to be paid regardless of who is actually staying in your apartment.

    Make sense?

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