Can I get back my deposit and prepaid rent? (lease, tenant, documentation)

[Anonymous_19]

My roommate wants to kick me out of the house, due to false information, that can not be proven by either party (A s/he said- s/he said type of situation). His name is on the lease, and mine is not however, I have given him a year's worth of rent already, can I get that back from him? Thank you for your help.

[adjusterjack]

My roommate wants to kick me out of the house


Wants to? What has he done toward that goal? Sayso? Written notice? Deadline date? Something else?


And what state?


His name is on the lease, and mine is not


Then he is not your roommate. He is your landlord and you are his tenant.


I have given him a year's worth of rent already,


In advance? Or have you lived there a year? Is there a written lease of any specific duration? Anything in writing as to the tenancy? Nothing?


can I get that back from him?


Can't answer that without the answers to the questions.

[MrRational]

Originally Posted by Anonymous_19

My roommate...I have given him a year's worth of rent already,
can I get that back from him?

a) why would you pay for a year in advance?
b) does the lease contract say anything about when/if you change your mind on that?

[GraceKrispy]

Do you have proof of this rent payment (assuming you've paid a year ahead)?

[oregonwoodsmoke]

I would say that if you have paid a year in advance and have not yet used the rent and your roommate won't allow you to live there that he should return the unused rent.

Whether or not you can actually get the rent back or not is another story. The landlord is not going to give it to you. You must get it from the tenant you sub-rented from.

I hope you have good documentation and I hope you can figure what the life lesson is here and can learn from it.

[Electrician4you]

Originally Posted by Anonymous_19

My roommate wants to kick me out of the house, due to false information, that can not be proven by either party (A s/he said- s/he said type of situation). His name is on the lease, and mine is not however, I have given him a year's worth of rent already, can I get that back from him? Thank you for your help.

He is your LL . You are subleasing from him.

If you prepaid and he wants to give you notice to vacate he needs to pay you back the unused portion of the prepaid rent.

PS you never repay that far in advance.

[Daffodil_fields]

Do you have proof of your pre-payment to him? Check cleared, receipt he wrote, etc.

Hope you didn't pay in cash.

How long have you lived there, if at all?