Roomate Roomate Sueing me in Small Claims Court

[triathlete703]

I temporarily lived with a friend for 3 months. The agreement was i would pay $400 rent and that would cover everything. We had no contract, Id just him a check every month until i moved out. Midway through the the last month of my stay, I heard a noise in the attic, I got the ladder out and went up in to see if there was something up there. I had a flashlight and was looking around, He had alot of blown in insulation. I braced myself on a 2x4 stud and slipped and fell through the ceiling. I tried to explain and clean up the mess. He ended up kicking me out giving me out giving me only a day to move my stuff out of his house. We ended up putting a piece of Sheetrock over the hole. Before my departure I gave him $340 dollars to fix the damages. I have tried to contact him at least once a week to get quotes on the ceiling and i could pay to fix it. I have yet to hear from him via any form of communication. I just found out through a mutual friend he is upset and is taking me to small claims court. He gave me no quotes on the price to fix it, i sent text saying get three quotes and we could go from there. He never notified me on the cost, he had yet to respond to my text, calls or messages, and he has given me no deadline. I was wondering if he has a legitimate case. and how i go about this

 

[mightymoose]

You are obviously responsible for the damage, and you acknowledge that and made a payment towards repairs. Good for you.
He is being a jerk and not communicating with you- forget about him.
Until you are actually served papers ordering you to appear in court you have nothing to worry about.
If you are sued he will have to show proof of actual costs and will have some explaining to do.
Also, if you are sued, you could countersue for an illegal eviction. He forced you from the home with only a day's notice. You could potentially countersue for damages you had as a result- moving costs, hotel, whatever expense you incurred as a result of being forced out. Your damages will likely exceed his- assuming you actually have proof of such damages.
You are not in as bad a situation as it seems. For now, simply forget about it and move on. Until you are contacted about the matter you have nothing further to be concerned with.

 

[army judge]

He has no proof that YOU did anything.

He has to PROVE who caused the damages.

Some people might countersue him for personal injuries suffered in the fall.

Some people might say they don't know anything about a ceiling caving in and causing damages.

Some people will admit to everything and pay what he is demanding (assuming there is a lawsuit filed)!

Some people would counterclaim an illegal eviction and lockout!

Some people would wait and see what happens.

Some people would consult an attorney.

You need to think this one through thoroughly.