Being sued by ex-roomates

[Misha]

Hi,
This whole thing started out when my roomates and I got in a fight over all the guys my one roomate would have over every night, and about the cats they both had even though the lease stated no animals allowed. I didn't feel comfortable with it cause I didn't know any of the guys and basically called her a slut and with the cats, I just didn't want to be kicked out if the leasing company found out. Well that weekend she went away and when she came back, I apologized for everything cause I felt really bad. But she didn't accept and threatened to punch me and throw me down the stairs, and well some words were exchanged and she said if I didn't like the guys over all the time, then I needed to get out of her house. See a month earlier we all signed a lease to a house, so it wasnt really her house, but she told me to get out anyway. So at the end of october, I packed up all my things and moved out. I paid for Novembers rent and Decembers rent. I also wrote them a letter stating I would send money to them for the utility bills for those two mos, so they could have sufficient time to find another roomate. Well at the end of august I wrote a letter to the leasing company saying I wouldn't be renewing the lease. I wasnt paying for the mos I wasn't there, but I wrote to them anyway, and I thought that was that. I hadn't seen or talked to them since I moved out 14 mos ago. A few weeks ago, I was served papers by them saying that I owed them $4000 for breaking the lease and making them have a loss of tuition. So am I bound to the lease still even though 5 mos since the lease was ended? If I am then wouldn't I have to pay the leasing company and not them. Also I know that I didn't make them have a loss of tuition. One of my roomate has financial aid, and the other one was failing classes before we moved in togther. Her parents pay her tuition. So I really dont know what to do. I still have all my documentation on everything I wrote, and I want to know if I could even possibly have a case. If anyone has an answer can they please tell me?? Thanks!!!

 

[mike]

Hi,
This whole thing started out when my roomates and I got in a fight over all the guys my one roomate would have over every night, and about the cats they both had even though the lease stated no animals allowed. I didn't feel comfortable with it cause I didn't know any of the guys and basically called her a slut and with the cats, I just didn't want to be kicked out if the leasing company found out. Well that weekend she went away and when she came back, I apologized for everything cause I felt really bad. But she didn't accept and threatened to punch me and throw me down the stairs, and well some words were exchanged and she said if I didn't like the guys over all the time, then I needed to get out of her house. See a month earlier we all signed a lease to a house, so it wasnt really her house, but she told me to get out anyway. So at the end of october, I packed up all my things and moved out. I paid for Novembers rent and Decembers rent. I also wrote them a letter stating I would send money to them for the utility bills for those two mos, so they could have sufficient time to find another roomate. Well at the end of august I wrote a letter to the leasing company saying I wouldn't be renewing the lease. I wasnt paying for the mos I wasn't there, but I wrote to them anyway, and I thought that was that. I hadn't seen or talked to them since I moved out 14 mos ago. A few weeks ago, I was served papers by them saying that I owed them $4000 for breaking the lease and making them have a loss of tuition. So am I bound to the lease still even though 5 mos since the lease was ended? If I am then wouldn't I have to pay the leasing company and not them. Also I know that I didn't make them have a loss of tuition. One of my roomate has financial aid, and the other one was failing classes before we moved in togther. Her parents pay her tuition. So I really dont know what to do. I still have all my documentation on everything I wrote, and I want to know if I could even possibly have a case. If anyone has an answer can they please tell me?? Thanks!!!

The facts aren't all clear but I'll say this much -- it sounds like a case of sour grapes. Loss of tuition? But there are some issues.

From what you stated, it sounds like the lease began in August or so and you moved out soon thereafter. You and all your roomates were on the lease and I'll assume it was for a year and that it ended about 5-6 months ago. So what happened is that you paid the leasing company and your roomates could do what they wanted with your room.

Technically, your roomates and yourself are responsible for the amount of the entire lease. If you moved out without your roomates' permission and they paid the whole monthly rental each month to the rental company, they could recover the amount you were to pay from you.

However, did BOTH your roomates agree that you should move out? Was your room rented to someone else? If either of these instances occurred, I'm not sure how your roomates can claim rent from you now.

You may want to write a letter, certified return receipt, stating that you absolutely do not owe anything and that you moved out with their daughters' knowledge and permission. Should they wish to pursue the frivolous claim in court then you will be forced to counterclaim for your own damages and raise events that might be embarrassing to their daughters and explains why you had to move out. I'd doubt if they will go to court but if you have to, make sure you are organized and also have your story straight. Remember, the key is that they consented to your leaving which they encouraged. Your rental payments until year end seems to indicate this was the case (although I'm still a little confused why you'd pay for two months rent when you weren't there.)

 

[Misha]

I paid for two more mos rent so they could have sufficient time to find a roommate. When they kicked me out, I said they couldn't because they couldn't afford it, but they said they would find someone else to live there. Yes it was a lease for a year and yes they both agreed that I would leave.