Consumer Law, Warranties Dispute over furnishings w/roommate

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jolt9157

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My jurisdiction is: Chicago, IL

I met my roommate off of craigslist and we signed into a 1 year lease on a 3 bedroom apartment with 3 common rooms (excluding the kitchen)--sun room, living room, and a dining room. The square footage of the living room is comparable to that of the combined sun room and dining room.

After signing the lease (or even beforehand), roommate and I agreed that I would furnish the living room and she would furnish the sun room and dining room.

3 months later and I had fulfilled my end of the bargain, but sun room and dining room were empty. Confronted roommate and she cited money issues. I already had some furniture so I threw it in the sunroom. She indicated she was working on furnishing the dining room, just needed the money.

2.5 months after that (5.5 months after moving in) dining room empty, confronted roommate again. Her defense was now that she felt 'pressured' into our original agreement and didn't think that having her furnish the dining room was fair (she wouldn't be using it enough, apparently, to justify the cost).

Offered to furnish the dining room but with adjustment in rent (probably less than 10% of our half of the rent). Roommate staunchly refused.

As far as documentation goes, I have an e-mail where I state our deal dated about 3 months after the move-in and the testimony that she never refuted it until the confrontation 5.5 months in.

My question is this: Do I have any ground for damages here? I was thinking about taking her to civil court to charge her for the grand total of the rent adjustments (probably about $250, half of what it would cost to furnish the living room). Any other insights would be appreciated.
 
It's not crazy. You had an agreement, she breached it. Whether she'd get enough benefit from the dining room to make it worthwhile is, IMHO, beside the point. She's getting the benefit of the other furnished rooms without contributing anything.

Your problem will be trying to prove in court that she agreed to furnish the rooms, and establishing what the value of that promise was. Presumably it would be comparable to what you paid to furnish the living room. Negotiating a rent adjustment seems to me to be a fair way to settle it.
 
Thank you SO MUCH for replying!

I spent probably about $2500 on the living room (just graduated from vet school and bought myself a nice tv), $150+ for the sun room, and plan on $500 for the dining room. I will keep all receipts or lists of transactions for the dining room.

Since I will end up owning the furniture, I would probably only seek damages of half of what it costs to furnish the dining room. I am currently in the process of attaining an e-mail in which she acknowledges our agreement; even if I don't receive it, I am confident that I could prove that with my testimony. Do you have any other advice? Thanks again for getting back!
 
Does this person still live with you? Suing your own roommate makes for frosty relations.

Keep in mind that what *you* spend furnishing the living room may not be what your agreement contemplated she would spend. Also keep in mind that (I presume) your agreement was for one to purchase the furniture and for the other to get the use of it during the life of your tenancy. So arguably what you're really out is the value of the temporary use of the living room furniture, not the actual purchase price of it.
 
Relations are already frosty over this situation. This has been an ongoing dilemma since we moved in together in June '08.

After nearly six months of waiting, I recently gave her an ultimatum: agree to furnish the dining room and do so within the next month or agree to a rent adjustment. If she agrees to neither, I will furnish it myself and then ask again for a rent adjustment. If she still refuses, I will do my best to keep the apartment after the lease is up, find a new roommate, and file a suit against her.

She told me she thought it would cost her about $500 to furnish the dining room. Should I furnish, I plan on staying within that budget and ask for a rent increase of $40-50 over the next six months. I would then sue for that amount ($250-300) after she leaves. I believe it is a fair amount to pay for living in a completely furnished apartment.
 
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