Do i have a chance?

[holly04]

A former friend, Nick*, moved in to a shared rented property (rented through LJ Hooker) with me and a verbal agreement was made that the rent would be split equally between the three residents. He agreed and paid.
Nicks girlfriend then moved in a few months later and rent/power was devided exually between the 4 residents (even thought they shared a room). Months after moving in, his girlfriend started paying less rent and no power, claiming she was only using half a room. This was purley by choice, as she had the oppertunerty to move into the 4th bedroom at any time.

We all decided to move out and a date was set. I wrote them a letter outlining their minimum expences due when we left the property as i was afraid they wouldnt pay. These expences included: Equal shares of rent, power, gas bottle refill, professional carpet cleaning, their calls on the phone bill and a yard spray for ticks and fleas (which they had to pay for as they were the owners of the dogs on the property).

However they moved out secretly a week early without paying a cent. They left a letter that specifically said 'our expenses are now up to you, the tenant'- an acknowledgment that the expenses were rightfully theirs. They left their bond, which i claimed, thought they knew that it was far less than what was owed.

Technically, they owe me the money, however legally, i am wondering if i have a leg to stand on? There was no written agreement saying they would pay anything and the other thing is that I was the only 'tennant' on the lease at the time according to the papers. I have proof they were there, proof of the phone bill, power bill etc. and the letter they left. I have tried to sort the matter out, with no luck and i want to know if its worth taking to the small claims court- in other words, do you think i can win??

 

[Michael Wechsler]

Not only do I think you could win, you might be able to recover every cent that you claim owed. I don't know whether there could be granted punitive damages if requested as most small claims courts do not have power to grant them but I would detail everything that they owe you.

A common misconception is that you need a written contract in order to enforce an agreement. Not true. It is only helpful in determining that an agreement existed. With an oral agreement it is more difficult to prove but here the note is a wonderful opportunity to not only make you appear more credible in front of a judge and them less credible, but it is also written proof that an agreement likely existed.

Given the relationship seems easily explained, it would seem your former friends will have a hard time explaining and may not show up in court. You may get a default judgment and might then need to execute but let's cross that bridge when you come to it. Good luck!!! Let us know how it all turns out.

A former friend, Nick*, moved in to a shared rented property (rented through LJ Hooker) with me and a verbal agreement was made that the rent would be split equally between the three residents. He agreed and paid.
Nicks girlfriend then moved in a few months later and rent/power was devided exually between the 4 residents (even thought they shared a room). Months after moving in, his girlfriend started paying less rent and no power, claiming she was only using half a room. This was purley by choice, as she had the oppertunerty to move into the 4th bedroom at any time.

We all decided to move out and a date was set. I wrote them a letter outlining their minimum expences due when we left the property as i was afraid they wouldnt pay. These expences included: Equal shares of rent, power, gas bottle refill, professional carpet cleaning, their calls on the phone bill and a yard spray for ticks and fleas (which they had to pay for as they were the owners of the dogs on the property).

However they moved out secretly a week early without paying a cent. They left a letter that specifically said 'our expenses are now up to you, the tenant'- an acknowledgment that the expenses were rightfully theirs. They left their bond, which i claimed, thought they knew that it was far less than what was owed.

Technically, they owe me the money, however legally, i am wondering if i have a leg to stand on? There was no written agreement saying they would pay anything and the other thing is that I was the only 'tennant' on the lease at the time according to the papers. I have proof they were there, proof of the phone bill, power bill etc. and the letter they left. I have tried to sort the matter out, with no luck and i want to know if its worth taking to the small claims court- in other words, do you think i can win??