Rented a room...just a room.

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auchick77

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My jurisdiction is: Alabama

Hi,

I am a teacher in Alabama and last August moved in to a house that a colleague of mine was renting. She had one extra bedroom and a dining room that could be converted into a bedroom. It seemed like the ideal way to save money at the time. She was listed on the lease, and I moved into the house. I did not sign a lease or a roommate agreement of any kind. She asked me to pay $400/month to stay with her which I did by check each month.

I got behind on my rent due to a personal situation involving someone who completely drained my bank account. I was in the process of paying this amount back to my roommate when she tells me that her parents want me to move out of the house. They do not own the house or even live in the same state, but she told them she would ask me to move out. She told me I needed to move by a text message that said, "I love you to death as a friend, but as of Sunday, we need 2 part ways as roommates". I got that message on the Friday night, around 11pm, before she expected me to be out! It was a scramble, but I was able to secure a place to stay (thanks to a great friend who I think of as family), get my personal belongings out of the house, return the key, and clean up the room I stayed in before I left.

I still owe her $700 to catch up the rent that I owed her, but I do not have the money to pay her right now. She knows that I don't. I have asked her to allow me to pay her on May 1st when I get have the money, but she will not budge. Says that if I do NOT pay her by Thursday, in full in a sealed envelope with her name on it, she will file charges and take me to court.

What exactly does this mean? Will I be arrested if I cannot pay her right away? Do I have any legal recourse for the amount of time I had to move out? A few people I know are telling me that I do because she didn't give me 30, 10, 5, or 3 days WRITTEN notice. I just need to know bare bones, worst case scenario...what am I looking at if I can't pay right away?


Thanks for any assistance you can provide.
 
Since she is not the landlord or actual owner of the property...and there was no lease, it will be difficult for her to prove (in court) that you agreed to this amount of rent much less fell behind paying it.

Does the actual landlord....you know, the guy that forked over the money to buy this place...know that she sublet a room to you? Did he/she agree to this? Your former friend could, herself, be facing an eviction if the landlord finds about this deal and did not agree with this.

Typically someone who does not have a written lease is considered to have a "month the month tenancy"; that is, their lease runs from the first day of each month to the last day. In most states such leases can be terminated with a 30 day notice IN WRITING by either party (in my state of Georgia I must give such a tenant a 60 day notice).

Your former friend appears to be on rather shaky ground; nowhere in your posting does it indicate that the landlord agree to this set up of allowing another person to move into their property with the tenant on the lease collecting rent; nowhere is there documentation that this person gave you adequate notice to vacate the rental.

It would be up to her to have to prove to the court that 1. you both agreed to this setup and 2. that you actually owe her this money. With no written documentation, it might be a row upstream for her to prove anything.

And take comfort that even if she does file, you won't be tossed in jail. This country doesn't have debtors prisons for those who can't pay owed rent.

Gail
 
Gail,

Thank you so much for taking the time to respond to my post.



To the best of my knowledge, her landlord was unaware of the situation. I never saw him, met him, or had any interaction with him.

I appreciate all of the helpful information and advice.

Thanks again,
Sara
 
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