roomate suing,what do I do?

[Joxer81]

Short and sweet. my roomate is suing me in small claims court apprently for money he thinks I owe him. I only lived with him for one month and I paid him $500(350 for rent and 150 for deposit). We agreed that I could pay the deposit over a 2 month period($150 additional each month) The total rent for the house was $700. I only moved in under the condition that I be on the lease. He never made arrangments for the lease and I never signed anything, which is one of the main reasons I moved out. Additionally I left a check for half the utilities when I left and another check for the next months rent and deposit. He expected to be able to kick me out at any time but wanted me to give him a 30 day notice. I wrote him the check for rent only because we have many mutual friends and both live in a small town and did not want to further damage the relationship. The problem came when I called him 2 days after I left and asked that he give me an expensive memory card he ahd borrowed and not returned to me(Valued at about $82) He refused to give it back, and on top of that give me back any of the deposit he owed me. I simply canceled the check for rent and deposit, let him cash the one for utilities and told him we were about even(although I ended up paying more than my fair share for the month I lived there). I jsut received notice in small claims court that he is sueing me in the amount of $510. Am I under any legal obligation to pay him anything? To complicate matters he filed to claim in the wrong county. Should I counter-claim him to protect myself?

 

[Michael Wechsler]

You may wish to countersue and it doesn't protect you from anything. It is just more convenient for you to address all matters relating to the dispute at one time and in one forum. I think you should do so but be prepared when going into court to do so and ensure that your countersuit is appropriately filed.

A couple of tidibits about your claim. Your roomate would not have been able to kick you out any time he wanted. A 30 day notice would likely be required. I would ask:

(1) Did your roomate rent your room to someone else? Did someone else move in? If he did, then he cannot keep your rent as "double rent."

(2) You should be entitled to your security depoist back at the very least.

(3) You may want to argue that you didn't have any "month to month lease" established because you moved in under the condition that you would enter into a month to month lease conditioned on your roomates promise and ability to have you added to the lease with the landlord. His failure to do so resulted in the month to month lease never occurring. You moved in for one month only and paid the expenses corresponding to your month that you were there.

Writing the check and canceling was a bad idea. Did you warn him telling him the check would bounce? Your story doesn't make much sense to argue. Why did you give him the check for the extra month? If you didn't feel you owed it, why bother? Even if you live in the same town with "other common people" there will be an even bigger issue canceling the check as opposed to simply refusing to provide it! This is the hole in your story that I am struggling with.

Per your story, it's as if you conceded that you owed a second month since you didn't give 30 days notice and withheld the check because you didn't get back your memory card. Result might be in his favor for $500 -82. A canceled check doesn't look good.

Good luck to you, whether you go to court or decide to settle out of court before the date.

Short and sweet. my roomate is suing me in small claims court apprently for money he thinks I owe him. I only lived with him for one month and I paid him $500(350 for rent and 150 for deposit). We agreed that I could pay the deposit over a 2 month period($150 additional each month) The total rent for the house was $700. I only moved in under the condition that I be on the lease. He never made arrangments for the lease and I never signed anything, which is one of the main reasons I moved out. Additionally I left a check for half the utilities when I left and another check for the next months rent and deposit. He expected to be able to kick me out at any time but wanted me to give him a 30 day notice. I wrote him the check for rent only because we have many mutual friends and both live in a small town and did not want to further damage the relationship. The problem came when I called him 2 days after I left and asked that he give me an expensive memory card he ahd borrowed and not returned to me(Valued at about $82) He refused to give it back, and on top of that give me back any of the deposit he owed me. I simply canceled the check for rent and deposit, let him cash the one for utilities and told him we were about even(although I ended up paying more than my fair share for the month I lived there). I jsut received notice in small claims court that he is sueing me in the amount of $510. Am I under any legal obligation to pay him anything? To complicate matters he filed to claim in the wrong county. Should I counter-claim him to protect myself?