Rental property question

[alisquidz]

Greetings,
I am having a problem with a roommate that has moved out. They are requesting a refund of their rent. I dont know if I have to pay them back or not. There was no lease agreement, no contractual paperwork of any sort. He always paid cash and was never given a receipt. He got upset with me and decided to call the cops on me. I told him he needed to move out. He has done so, but wants half of the months rent back. Does he have a case?

 

[muggsyj]

This is not legal Advice!



Hey,

From your own statments, if he has no proof that he payed you any money. Then it will be hard for him to have a case BUT... Rather than you get into conflict with someone over this small amount of money, I would personaly give him the half back. So at least you can hold your head up high and be a moral citizen and know you did the right thing.
If you decide to give him the money "which would make good sence" make sure you type a letter and make him sign it that the payment you are making is the full and final payment of your agrrement you had together.
Keep copies...

Good Luck


Mark.

 

[alisquidz]

Do you think I should still give him money back if he has the garage door opener in his possession? He also left the place a disaster and I had to take time off work to accompany his removal of property, for which he did not show up.

 

[muggsyj]

This is not legal Advice.


OK,

No.1 You Quote: "I am having a problem with a roommate that has moved out. They are requesting a refund of their rent. I dont know if I have to pay them back or not".

You say "roomate" but address "They" ,Their and Them"


No.2 Your Quote: "There was no lease agreement, no contractual paperwork of any sort. He always paid cash and was never given a receipt".

This is the reason why the lease situation is in place to stop the problems that you are having.

No.3 Your Qoute: "Do you think I should still give him money back if he has the garage door opener in his possession? He also left the place a disaster and I had to take time off work to accompany his removal of property, for which he did not show up".

I suggest you put the garage door opener in the letter that you address to THEM when you offer their money back. If you think you have a legal case, go and seek a lawyer and spend your money. I give you my opinion on the information you gave and now you have moved the goal posts. I still stand by my first suggestion of compromise, it is you choice whether to take the advice or not. Next time think of this situation you are in before you enter into an agreement with someone again. It is a case of once bitten twice shy.


Good luck


Mark.

 

[alisquidz]

I wrote up this contract in hopes that if I pay the "ex roomie" $100 to shut him up and he gives me back the garage door opener we can be done with this. Note I am the landlord type person, not the roommate with the issues. I don't want to take him to court. He wants half the rent back and I don't feel it's necessary to give it to him. This is a fair trade on my behalf I believe.

This is a confirmation of reconciliation for rental fees paid by "Roomie" on March 1, 2007. His evacuation of the premises will leave the room vacant. "Roomie" has requested a partial refund of rental fees he has paid. The monthly rental fee was $400 a month. The room was not completely vacated until the 13th of March. Upon which, the garage door opener was not returned. On the day of March 13th, I took 2 hours off work to accommodate the requested 3pm removal of Jeff's property. He was specifically told that I had to take time off work and that he needed to be prompt on his arrival as it costs me money. He did not show until 4:45pm. The condition of the room as it was left is unacceptable. The carpet will need to be cleaned. Garbage was left in the kitchen and garage. This will take my personal time and money to clean. As half of the month was occupied, half of the rent would be $200. However, considering my personal time and money lost, I believe a reconciliation of $100 upon the return of the garage door opener is more than accommodating on my behalf. Upon signing and dating this, both parties agree to this settlement.






Alicia ______________________________ Date____________________




Jeff _______________________________ Date____________________




Witnessed by
John_______________________ Date_____________________

 

[muggsyj]

This is not legal Advice!



Looks good enough to me but you forgot to put that this agreement contract is full and final payment from you both on this matter.
If you can get him to agree to your terms which you feel is a compromise "it's a bonus for you both"

If he dose not agree you can at least discuss the issues and get to an agreement.


Good choice and effort though on you behalf, well done and good luck.



Take care


Mark.

 

[alisquidz]

well he denied this and says he will see me in court. I just took pics of the damage to the room and mess in the garage. sigh...I was just trying to do the right thing.

 

[muggsyj]

This is not legal Advice!


Your right, it always looks good to a judge if you have made an effort to try and resolve the matter before you have to go to court.

Good luck, I still think you will have a hard time to prove to the judge that your roomate owes you money but never the less stranger things have happend in life.

Take care


Mark.

 

[seniorjudge]

...


Your right, it always looks good to a judge if you have made an effort to try and resolve the matter before you have to go to court.

....

Actually, rehashing failed settlement attempts in court irritates a lot of judges since it is irrelevant to the matter at hand.

 

[alisquidz]

no no no... You have it wrong...
I am the landlord person. The roommate is the one that wants the money back. He is the one that left, not me. He wants the $200, half months rent. I just want this crap to be over with. I offered him $100 if he brought the garage door opener back. He wont return it, nor will he accept the $100.