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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Default I Paid My Roommate Cash, He Didn't Pay Rent or Bills

    My question involves a roommate in the State of: Florida

    I moved here to this area about a month and a half ago. The thing is I saw this ad on craigslist where a guy wanted a roommate. It was supposed to be a temporary thing for a couple months so I decided I'd try it out (not being the roommate type). I paid him CASH. I figured, he seems like an honest type; a guy from up state new york who is studying to be a Marine Biologist, is quiet, a little timid and is a neat freak. He also seems to be very intelligent based on the books, movies and decor, as well as his manner of speaking and writing (emails). So I figure, "This guy is honest, I'll give him cash."

    I paid my part of the rent but a few days later I noticed a warning on the door stating rent had not been paid. I asked him about it and he said, "I don't know. Maybe the computer sent this out before my rent posted."

    A couple days later I noticed another letter saying rent had not been paid and he was in danger of eviction. (I am not on the lease.) So I asked him about it again, "Did you pay the rent?" Yes, was his answer as he walked into his bedroom and closed the door.

    Finally a few days later I found a landlord's letter on the door stating that eviction processes had begun and we were to vacate immediately. I paid my rent!!! So I told him to stop playing games and to tell me exactly what's going on because I didn't like the thought of my stuff and my dog getting thrown in the street while I was working.

    He told me he didn't have enought money to pay ALL the rent, he wasn't working and couldn't find a job. He was doing his best, he assured me, and he would take care of this.

    I'm a guy from Detroit, I am street smart. I heard, "I took your cash and pocketed it so I could have some spending money which was the plan all along when I wrote the craigslist ad."

    So I started getting on the ball and got a real estate agent to start looking for apartments for me but now it is 16 days into the second month.

    And, this is where things get messy. I got a letter a few days back from my roommate telling me utilities were due and he knew I might be mad about this considering the circumstances but that, "You can pay your share or not pay, I don't really care either way."

    This guy already ripped me off once and now instead of relaxing I had been living in an apartment worried about my stuff, my dog, worried that this guy was going to steal from me etc, and busting my head against the wall trying to find a new place to live. I was not about to give him any more money when he wasn't paying the bills as is.

    I told my real estate agent to expedite things and that we could get kicked out any day.

    Next the cable internet was shut off. I called the company and the bill was $150 to turn it back on. 3 months behind. This was going on before I even got here and he KNEW it.

    So I didn't pay and focused my energies on getting out of there. So YESTERDAY he sends me a different letter. All of a sudden he cares. Now he says he's going to have to be a little more forceful and wants me to pay utilities as well as MORE RENT money. "The reason," he said, "the cable was shut off was because I didn't keep up my end of the rent."

    Apparently he didn't realize I called the Cable Company and found out the truth. So now this guy wants me to pay him MORE money so he can pocket it. He's not paying his bills now, he doesn't even work. He said he's looking for work, but meanwhile he is trying to get more money out of me.

    I read somewhere in another thread a similar situation where someone else was going through this and had to work out an arraingement with the landowner. They said they decided to sue the roommate to get their portion of the rent back since the rent was never paid to the landlord.

    What the heck are my rights in all this? Can I sue him for the rent back? I was going to just let things chill until I got a new place (I'm looking at some more apartments today) but now this Harvard Wannabe is trying to snake more money from me.

  2. #2

    Default Re: I Paid My Roommate Cash, He Didn't Pay Rent or Bills

    Quote Quoting Cheshire
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    What the heck are my rights in all this?
    You have the right to ask to sign a lease or other agreement. You have the right to ask for a receipt when paying cash. You can most certianly sue him - and could even win if you can show damages - such as not being able to stay in a place as agreed (present lease to the judge) or that you were evicted after you paid and didn't get to enjoy the lease period you paid for (present receipt for cash to judge).

    Can I sue him for the rent back?
    Anyone can sue for anything. The real question is: did you get to stay in the place for the period that you paid for? If the answer is yes, you don't have damages. If you paid for a month and were thrown out against your will by either him or his landlord (since legally you are HIS tenant, not his landlord's tenant) before the month was up, you'd be able to sue for the amount of the rent commiserate with the time you didn't get.

    In matters of court, verbal contracts and cash payments are not the way to a successful suit in most cases. You'll say you paid amount A - he'll say you paid amount B. The judge will ask for your proof of amount paid. What will you hand to the bailiff? If you've got a receipt for $100, he'll say the rent was $200 and you only paid half. Got a lease agreement that says otherwise? Got a history of documentation that you only paid $100 in every prior month? See where this is headed?

  3. #3
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: I Paid My Roommate Cash, He Didn't Pay Rent or Bills

    Well, you made some mistakes, but it doesn't sound like you are actually out any money, at least not much. If he has piled up debts as it appears and has no job, it is unlikely that you'd be able to collect if you did win. It seems as though you are angry at him; some of that anger should be aimed at yourself for getting nothing in writing and giving him case without a receipt. And, apparently, everything is in his name, so for the bills owed, you don't even exist.

    I'd recommend: (1) give him no more money (2) find another place immediately, even if it's a cheap hotel and you need to put your stuff in storage (3) get out of there and get on with your life.

  4. #4
    Join Date
    Mar 2010
    Posts
    2

    Default Re: I Paid My Roommate Cash, He Didn't Pay Rent or Bills

    Quote Quoting Scott67
    View Post
    Well, you made some mistakes, but it doesn't sound like you are actually out any money, at least not much. If he has piled up debts as it appears and has no job, it is unlikely that you'd be able to collect if you did win. It seems as though you are angry at him; some of that anger should be aimed at yourself for getting nothing in writing and giving him case without a receipt. And, apparently, everything is in his name, so for the bills owed, you don't even exist.

    I'd recommend: (1) give him no more money (2) find another place immediately, even if it's a cheap hotel and you need to put your stuff in storage (3) get out of there and get on with your life.
    Done and done. I'm looking today for the El Cheapo Hotel. Also I had no intention of sueing him, I just would like this kid to learn a lesson before he ends up going down a silly path in life where he thinks it's ok to rip people off. Thanks both of you for your responses.

    Yes, I got my month so I'm happy as far as that goes, but the fact that he thought he could do this not once but TWICE, that he actually has the conscious to say to himself, "This is ok, what I'm doing..." is troublesome.

    I'm not mad at myself for not getting a written agreement, I should have, I learned that in the future I will; however I have always tried to see the best in people. In this case looks most certainly were deceiving since the kid seems by all accounts to be a good guy.

    I guess he's not. That just goes to show you. I said to some attourney or counsillor or something in the past, "Well, they don't look like THAT type."

    The response was, "What exactly does THAT type look like?"



    Live and learn.

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