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This is my first post and I'm looking for some advice. Recently my roommate and long time friend (I guess now ex-friend?) has decided to kick me out. We live in a house that her and her mother bought and have a mortgage on. Since I've been living here we everything when it comes to payment on anything has been verbal. There's been no lease agreement or anything like that. I had fallen on some hard times money wise recently and she and I agreed on an amount of money for me to pay for rent and bills which I have been doing. And I've asked her multiple times if that was going to be enough and if she was sure and everytime she told me yes, it was okay. Now that she's kicking me out though, she claims I owe her all this money that she didn't make me pay over the last few months and for damage to the carpet from our pets. Instead of "making" me pay this money she is basically telling me I have to leave her my 55" tv that I paid for in our living room to make up for it or her and her mother will take me to court over this money that came out of nowhere. I am packing and leaving this house ASAP, like over the weekend, and I am wondering if I took my tv if there was actually anything they could do about it, besides harass me, seeing how nothing has ever been in writing the whole almost 3 years I've lived here? If so then whatever I'll leave it but if they can't do anything other than threaten me and waste money trying to take me to court then I want to take what I bought.
Be sure and move asap, so she can't start any eviction action. Take your TV. Let them sue you. See what the judge says you have to pay, if anything. You can always arrange payment arrangements through the court.
She'll have to prove to the court that you owe her money. I wouldn't worry about it.
If she starts hollering about you taking the TV, tell her to sue you, and good luck proving you owe her any money. If she threatens to call the police, you call them first. Ask them to just please be there while you vacate and take your stuff, as you are afraid she will become violent...or better yet, that she has threatened you with violence... If she claims to the cops that you are stealing her stuff, and they won't let you take it, then you sue her.
In fact, do you have a receipt for the TV? If not, take a photo of it in case you need it in court.
If she does sue you, then get some legal advice. I doubt it will go that far.
sadly in alot of states the tv would be community property since it was in a common area of the house. but i would still take it with me. and wait and see what a judge says verbal is hard to prove
sadly in alot of states the tv would be community property since it was in a common area of the house. but i would still take it with me. and wait and see what a judge says verbal is hard to prove
Not if OP purchased it and has proof. Allowing use of perssonal property does not in turn convert it to community property in this case. OP take your tv and belongings. She wants to sue you so bad let her
In order to sue someone you must have proof and you must show actual loss. I bet she never actually start proceedings. Most people who threaten to sue don't.
My guess is the chances of her suing you are slim. On the other hand she did let you stay there paying less money when times were tough for you. How much is the TV really worth?
...........and for damage to the carpet from our pets. .........
If you have the receipt for the TV and can prove that it is yours, go ahead and take it.
However, I suspect that she can indeed take you to small claims court and get paid for the damage done to the carpet by your pets, whether you have a written agreement or not.
The additional rent, possibly not, since there is nothing in writing and it becomes he said/ she said. That is going to depend upon what mood the judge is in.
Over Christmas, several stores were selling 50 inch TV's for $300-$400. How much damage can you trade the TV for? If you decide to do that, get it in writing that the TV covers all money owed and all damages.
Maybe you might consider having a bit of gratitude for your friend helping you out with a low cost place to live for both you and your pets after you fell on hard times.
I hear people complaining all the time that no one will help them when they are down. Well this is why. Help someone who is down and you get kicked in return and won't be getting any gratitude. Next time you have hard times, don't be surprised if you are on your own.
People claim they are going to sue all of the time and rarely ever do. The landlady has no contract or paperwork describing any of the agreements she had with the tenant, she has no leg to stand on, no basis for to sue. It is very unlikely she will and if she does its very unlikely she will prevail.
I hear people complaining all the time that no one will help them when they are down. Well this is why. Help someone who is down and you get kicked in return and won't be getting any gratitude. Next time you have hard times, don't be surprised if you are on your own.
That's a little harsh as it's clear from the post that the OP has been paying exactly what was agreed upon as far as rent and bills are concerned ...
I don't care how good of friends you are get everything pertaining to business in writing.
Business is business no matter how personal you are with whomever you have a business arrangement with.
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If she claims to the cops that you are stealing her stuff, and they won't let you take it, then you sue her.
