Would I win against my old roommate in small claims?

by admin on March 29, 2011

Okay so I lived with a "friend" of mine last year. Well in August we were supposed to be moved out. She said she had made a deal with the apartment complex to get a new apartment in the same complex with another roommate (because I was moving in with my boyfriend). Well then that new roommate backed out on her. But before that had happened she told me to take my time moving out (like, an extra 10 days) because she was going to be there anyways. So then she finds out her new roommate backs out and wants me to pay rent. I was like no fucking hell you said to take my time, but anyways since she was going to be like that then I got out within 2 days (I had slowly been moving out). We got into an argument and finally she was like yes I told you that so it’s all on her.

Well then I get out of there, and she finally gets out and writes the complex a note saying that the money owed is all on her.

Then a week ago her old boyfriend calls me and says he has mail for me and her and it looks important. So it’s the credit bureau. My old roommate says she’s going to call them. I finally call them and there’s going to be 00 owed placed on both of our credit histories if we don’t pay by the end of the week.

So me and my old roommate get into another argument. Says she can’t come up with money. I put it all on my credit card to save my credit history. She’s pretty pissed because the argument got personal (if you only knew this girl, hasn’t had a job in the past year, parties all the time) and says she isn’t paying half of the rent owed (like 0) because I was there with her. Then gets even more bitchy and doesn’t want to pay anything. But either way I don’t know what all she expects to pay or when, but the rest of the charges were hers anyway: 0 for the pet fee she never paid for her dog, the carpet getting redone because her dog shit and pissed all over it, 0 to have the junk couch removed that she left.

Would I be able to recover all of the money (if she never tried to pay any back) if I could get the note she wrote the complex saying the responsibility to pay was all hers?

When I turned in my keys they said they had the note from her saying it was all of her responsibility to pay. Legally though, I was supposed to have filed to be removed as a roommate while she still stayed there. So yea, I fucked up on the legal side, but as a contract between two individuals…or just ANYTHING… what do I have going for me?

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    { 2 comments… read them below or add one }

    mbrcatz March 29, 2011 at 12:13 am

    You won’t get more than half of it, assuming HER name was also on the lease. That note she wrote, they can’t hold her to it. If she had written it to YOU, then YOU could hold her to it.

    But even if you get that judgement, good luck ever collecting money from her.

    General Custer March 29, 2011 at 12:13 am

    Sue her for the $1500 and tell all the details. If the judge believes you and not her you will win. Be honest and straight forward in court.

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