Can I sue my old roommate or no? (lease, documentation, fees)
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My husband and I let someone move in with us because they were kicked out of their home. We made a verbal agreement that they would pay us $450 a month for every month that they stayed but we didn't put them on our lease because it wasn't going to be a permanent thing. They ended up staying for 3 months and never paid us for the last month they were with us (as in he stayed with us the full 30 days of the month and didn't pay us for the time he was there). He literally packed up all his stuff the day before it was due and said, "Sorry! I'm leaving! I'll pay you when I get the money." And never came back. He literally gave us less than 10 minutes notice when we agreed that he would have to give us 30 days. Now it's been almost three months and he still hasn't paid and he has a new job and can definitely afford it. I have saved messaged from him promising to pay the $450 he owes and that we did have a verbal agreement and even his family member's that knew about the agreement are willing to be witnesses against him. He's now said he would "pay us Wednesday" every week and he never shows up.
How can we go about getting him to pay us back? If it was a hundred bucks I would just let it go but he owes us a good bit more than that. I have a family member that works in law and they suggest I take him to small claims court since we have witnesses and documentation that he agreed to pay us what he owes but I'm not sure how that works. Is there any way to get the money back or are we just out of luck? They said that the verbal contract is valid since we have proof and that him not being on our lease shouldn't be an issue but I'm worried that it will be. The only reason we didn't put him on there was because we were doing him a favor by letting him stay awhile instead of being homeless... Now it's like we screwed ourselves over by being nice.
Are you allowed to enter into a sublease agreement under the terms of your lease? If you're not or if you can but only with the permission of your landlord and you didn't have that permission then best you leave well alone and write it off.
A verbal agreement is binding. It sounds as though you have all you need to prevail in small claims court without even the necessity of witnesses. But just be sure your own hands are legally "clean" (i.e. you were allowed to sublease).
anyone can sue anyone else for anything. but whether the case has merit, that's another thing! First see if you have a leg to stand on regarding your lease. If you are not allowed to add a roommate or sublease to someone, you are in violation of your own lease.
I think this probably is going into the "live and learn" category.
Except for the utilites that would have increased, what did you actually lose? If nothing, just try to get over it and on with your life. He burned his bridges with you guys and won't be able to use you as a reference. Learn that next time you put everything in writing, even if it's family.
I'd take the "not friend" to small claims court and ask for court costs/filing fees as well as the money owed. BTW, if you're going to bother, since he agreed to 30 days' notice and didn't pay for the last month he was there as well as not give you notice for the 4th month, he owes 2 months' rent to you.
Normally, in this situation I'd tell you to let it go, but his attitude asks you to follow through.
Since you were there also, you didn't sublease technically, but you did add an additional adult. Read your lease carefully for whether that's prohibited.
Very inconderate but for that much, I'd probably let it slide. I'd send an email out to him and his friends b****ing him out, but for me $450 isn't worth the trouble to go to court. Day off work plus the hassle... not worth it.
Sure you can sue. You can sue anyone you want for just about anything you want.
Should you sue? No. Why? Two wrongs never made a right. You were wrong for moving him in and not putting him on the lease and he was wrong for paying you like he agreed.
You say you 'screwed' yourselfs? How so? If you were counting on his money to make your rent, you have bigger issues than him leaving and not paying.
It is a $100 filing fee, and 20 hours of your time to prep and show up.
They can also file a counter claim, you failed to provide a safe environment, sexual harassment, mold damage to their health or clothes, and you did drugs. The lease could be illegal, not zoned, nor permission was not given. Did you pay taxes on the money, your tax returns can be subpoenaed
Let's say you win can you collect..
They were kicked out for a reason, and you did not screen the risk.
Your fault you opened the door, and knew the big bad wolf was standing there. Don't do it anymore and quit blaming everyone else.
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