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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Gave Roommate Money to Pay Rent, She Never Gave It to Landlord

    My question involves a roommate in the State of: We both currently live in NY, but were renting a place in NJ. Case will be filed in NY.

    Hello,

    My boyfriend, roommate and I were paying $1850 for a place in Jersey City. There was some drama, so my boyfriend and I decided to move out when the lease was up (September). We moved out at the end of August but still paid for the last month. We always gave our money to her so she could send one check to our landlord who lives in California. Last time I saw her, she said I could keep the deposit (half the amount of one month, so $925) because she owed me for a couch we bought together and which she was keeping.

    I waited for two months on the deposit and finally sent a firm email to my landlord. Turns out, he never got the last month of rent and understandably couldn't send the deposit. He and I both tried contacting my old roommate and never heard a response. He gave up since he lives far away, so now I need to pursue a lawsuit against her for mine and my boyfriend's portion of the rent she kept.

    My landlord said he will give me a written statement stating that he never received the money and that he is allowing me to pursue my own case. I plan to bring my bank statement print out indicating the deposit into her account (I would usually do this instead of write a check). What else do I need?

    I don't have anything from her officially stating that she would pay the rent. Will this be a problem?

    OK, now the second part of this situation.

    My boyfriend moved in later and never became part of the lease. Could she use this to her advantage? Once I get a statement from my landlord, I am going to tell him about this since I really don't think he would mind. Hopefully this will help.

    Thanks for bearing with me -this is my first legal drama, so I have a lot of questions!

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

    Default Re: Gave Roommate Money to Pay Rent, She Never Gave It to Landlord

    If she owes you money, you cna attempt to recover it by suing her in small claims court. You will present whatever evidence you have, including your own testimony, and you will have to see how she responds.

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