Trial Case for school

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quuen

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Anyone up for giving some advice? There are 2 parts to this. One being a landlord tenant. The second having to do with gifts. Thanks a bunch if you have the time. If you need to reach me, email me at imfromqueenz@aol.com
Here are the facts. I am the Defendant.
Plaintiff and defendant were roommates in a 2 bedroom apt. Only the plaintiffs name was on the lease. Defendant moved in shortly after the lease was signed, making the defendant a occupant/month to month tenant on an oral agreement. They roomed for 20 months each sharing one half of all bills.
Defendant became engaged. Defendant claims to have notified plaintiff orally about mid-March that April 30th would be the defendant's last day in the apartment since defendant was to be married May 14th. This is disputed by plaintiff.
Defendant claims that following the oral notice, plaintiff secured a new roomie who promised to move in on May 1. That person later had a change of heart and plaintiff then secured a roommate as of June 1.
Plaintiff also enclosed $300 in the engagement card to defendant.
On May 13th following his bachelor party, defendant's fiance got cold feet and called off the wedding.
Plaintiff has sued the defendant for one half-of the electric and telephone bills for April ($40). and one half of the rent bill for May ($500). and also the return of the $300 that was enclosed in the engagement card totaling $840.
Defendant counterclaims for $500, representing the amount previously paid to plaintiff as defendant's share of security deposit which has not been returned.
 
There is no dispute that the Defendant owes for the entire month of April. There seems to be evidence that Plaintiff was notified about Defendant's leaving on April 30th but it is a matter of credability and the burden is on the Defendant to show that Plaintiff actually was notified of the date. Seems likely.

The gift in the engagement card is irrelevant to the matter at hand but could be an issue for recoverability. I'm not sure if third parties can sue to recover gifts made in contemplation of marriage but some states do provide for such recovery (see New York's modification of the "heart balm" statute in Section 80 of Civil Rights Law.) It definitely applies to the engaged couple. I would argue that the $300 was a conditional gift, a gift conditioned on the couple actually marrying.

Originally posted by quuen
Anyone up for giving some advice? There are 2 parts to this. One being a landlord tenant. The second having to do with gifts. Thanks a bunch if you have the time. If you need to reach me, email me at imfromqueenz@aol.com
Here are the facts. I am the Defendant.
Plaintiff and defendant were roommates in a 2 bedroom apt. Only the plaintiffs name was on the lease. Defendant moved in shortly after the lease was signed, making the defendant a occupant/month to month tenant on an oral agreement. They roomed for 20 months each sharing one half of all bills.
Defendant became engaged. Defendant claims to have notified plaintiff orally about mid-March that April 30th would be the defendant's last day in the apartment since defendant was to be married May 14th. This is disputed by plaintiff.
Defendant claims that following the oral notice, plaintiff secured a new roomie who promised to move in on May 1. That person later had a change of heart and plaintiff then secured a roommate as of June 1.
Plaintiff also enclosed $300 in the engagement card to defendant.
On May 13th following his bachelor party, defendant's fiance got cold feet and called off the wedding.
Plaintiff has sued the defendant for one half-of the electric and telephone bills for April ($40). and one half of the rent bill for May ($500). and also the return of the $300 that was enclosed in the engagement card totaling $840.
Defendant counterclaims for $500, representing the amount previously paid to plaintiff as defendant's share of security deposit which has not been returned.
 
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