Non-paying roommate

[Stoelinga]

I had a former friend live with me for over 2 years. I am on the lease and the landlord allows me to choose my roommates. I do not have rental agreements with my roommates. I issue a printout every month with their share of rent and utilities and I pay all the bills (my name is on all utilities). This particular roommate also asked for loans to buy motorcycle tires when his had a flat and wanted to buy an MP3 player from me. All together he ended up owing me over $1300 with an average balance of around $1000 for the last year. I asked him to pay some interest and he blew up, physically threatened me, then moved out. He says he doesn't owe me anything. I have another roommate that was there the whole time and can testify to the amount owed (it was on his monthly sheet). There is no written documentation other than the sheets I print out and my own physical copies of utilities, plus a bunch of his mail that shows he lived here. He has a good job, so I'd have someplace to garnish his wages. Can I take him to small claims court? And can I also file for damages in addition to the $1300 because he has made me take him to court and had the debt for so long a period?

 

[Michael Wechsler]

There is no reason I can see that will prevent you from taking him to small claims court. You should get an affidavit from your roomate/friend just in case he doesn't show up to testify later. Make sure that you have as much proof as possible and organize yourself. The case will likely come down to credability and as long as you are organized, cool, calm and collected, there is a reasonably good chance your friend will loose in court -- if he even shows up. Good luck.

I had a former friend live with me for over 2 years. I am on the lease and the landlord allows me to choose my roommates. I do not have rental agreements with my roommates. I issue a printout every month with their share of rent and utilities and I pay all the bills (my name is on all utilities). This particular roommate also asked for loans to buy motorcycle tires when his had a flat and wanted to buy an MP3 player from me. All together he ended up owing me over $1300 with an average balance of around $1000 for the last year. I asked him to pay some interest and he blew up, physically threatened me, then moved out. He says he doesn't owe me anything. I have another roommate that was there the whole time and can testify to the amount owed (it was on his monthly sheet). There is no written documentation other than the sheets I print out and my own physical copies of utilities, plus a bunch of his mail that shows he lived here. He has a good job, so I'd have someplace to garnish his wages. Can I take him to small claims court? And can I also file for damages in addition to the $1300 because he has made me take him to court and had the debt for so long a period?