I need advice on my renting situation. HELP ME PLEASE!?

by **blaisdell** » Wed Jun 13, 2012 2:36 am

The lease is in my name. My roommate signed the lease at the bottom stating that she would be living there and paying. I roommate owes me 750 dollars in rent. I talked to my landlord and since the lease is in my name I am responsible and there is no legal action she can take.

Is there anything I can do to get my roommate to pay me the money she owe's me? I have heard of small claims court but I'm not sure I would get my money back because of fee's. I don't really want to count it as my loss just yet if I can figure out a way to get my money back. She currently stays here until August and the lease runs up then. So I would like to have something done by then before she moves out. Would I even have a case if this went to court? Is there any chance of me getting my money back? Any advice or suggestions would be greatly appreciated!

by **osmont** » Wed Jun 13, 2012 2:42 am

When you file in small claims court, you can include your costs to file in the amount you want to recover. The fees are not that large, but be sure to include them as you generally cannot alter the amount you want once you file.

If you win and are awarded a judgment (either because you have good evidence and she does not, or she just doesn not show up for court in which case you just win anyway), she will be ordered to pay the judgment but you may have to seek another court order for wage garnishment if she refuses to pay.

by **chadburne48** » Wed Jun 13, 2012 2:48 am

Even if she doesn't pay, getting a judgement against her in small claims court will stay on her record. That will be a warning to other landlords and creditors that she is a high risk. This will make it harder for her to not only rent somewhere else, but also buy anything on credit.

You landlord is right. You are her landlord and you would need to pursue it. Since she hasn't paid you and the lease is in your name, you can take her to civil court for an eviction. You would give her a notice in writing that she has whatever your state legal time is to pay or move. This can range from 3-10 days so check your state landlord tenant laws. If after then she hasn't paid or moved, you can take her to court. However, since you are living with her, that may make your life much harder and has the potential for her to damage the property, which unfortunately you would be liable for since the lease is in your name.

by **lorimar** » Wed Jun 13, 2012 2:57 am

small claims court sounds like your best option. I don't think there's too many fees involved unless you want to hire a lawyer, which I don't see necessary in your case. there's nothing criminal about the case, it's all civil so the only way to get her to pay up is to dispute it in court.

by **aenedleah10** » Wed Jun 13, 2012 3:00 am

landlord is correct. YOU are 100% responsible. And yes, you need to first, kick her OUT ASAP and then sue her for the back rent AND ALL THE FEES.

The issue is, will you ever see the money. But I would still sue. The judgement will be on her credit report for years and until she pays, she will not be able to borrow money for a car, house, credit card, etc.

by **rumford** » Wed Jun 13, 2012 3:01 am

You've already got some good answers. I would just add that since she signed an agreement to pay you, this would be a significant factor in small claims court.

In the mean time - kick her out and find a new roommate that will be paying you. If you let her stay without paying, she could argue that you were okay with that.

Go online and look into your local courts system. It won't be expensive and, as another responder pointed out, you can add that expense to your claim. Make sure you keep copies of all your documents so you can prove your case.

Good luck.

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