My roommate did not pay her portion of the last month of rent. She owes me $1000. What can I do?
About a month ago, we talked about what she had not paid me and just agreed that I would get her portion of the security deposit (which is in my name and was issued from a cert. check from my back acct).
Long story short, she has FAILED to pay her portion of the last months rent. My guess is that she is trying to pull a fast one and screw me over thinking that her portion of the rent will come out of the sec. dep (which is mine!).
When this happens, what do I do? If I have no exact proof that I loaned her the $1600 initially (i know, bad idea), but she also has no proof that this money is hers (she doesn't have a bank acct, and paid her rent with money orders). Can I still serve her with court papers and what do I need to do to prepare for this?
Answers:
I hear Judge Judy calling....
That's what you do.take her to small claims court. Look up your local court house. They have all the information.
i think u should tell the cops or have a chat wit ur so called "friend"!
If the apartment lease was in both your names the landlord can sue her in Small Claims Court for the remainder of the rent. As far as your $1000.00, I would just keep the security deposit and call it even...walk away. She has no legal recourse since you paid the security from your bank acct.
Dont give her anymore money. if she does'nt pay by the time you ask her to again take her to court if she is your fried she wont be mad. reardeless she owe you get your money if she have anything thats worth what she owe you take it free of charge get your money through the court she know she owe you
Well, for one thing, it's already not going good for you because you didn't put that loan to your friend in writing, and didn't get her signature on payback, etc. However, she flat out owes you $1,000.00 no matter what, even if you do get the security deposit, because that is what she borrowed from you in the first place. Okay,, tough. But, do you have your checking account or savings account statement that shows you pulling that $1,600.00 out? If you do you will use that as the proof that you loaned it to her. But, even going to small claims court may not work. Always get things in writing. Always. It's something you may have to eat now. But, if you try small claims, then go to the local court house and get the paparwork for small claims. Get all your bank statements that show where she paid you back the $600.00. Anything that pertains to that $1,600.00. Do you have anyone she has told or knows of the loan? If so, use them as your witness(es). A witness can be even one who even has heard a small bit from the room mate, or even saw the transaction happen. If you don't have that, then.. well, it's a tough one. But at least try. That's all you can do. And, last of all... do not keep one single item that belongs to her. If you do that, then she's got something on you when you do take her to court. She can then try to get more money out of you and some courts won't have you return her items; they'll let you keep it and will force you to give her cash in return and then she'll come out with more money from you.. and you don't want that either. So.. let her have her personal belongings... Just do things the best you can, legally.. and we are all hoping that it works out good for you. Don't ever, ever, loan money to a friend, or anyone for that matter, ever again. If they don't have the money, then they are already not a responsible person. We all care for you and will be praying for you... Now,.. go find those records.. and good luck..
The security deposit is made payable to all people who signed the lease. The owner will deduct any rent that is due from the security deposit. he will also deduct any charges for cleaning, damages, and repairs. You should receive any itemized statement. If your rent is current the only charges will be for cleaning, damages and repairs to put the apartment back in A+ shape.
By law the security deposit check will have both of your names on it. Both of you will have to go to the bank together to cash the check . If she refuse to sign the check, then you will have to take her to small claims court. DO NOT SIGN HER NAME TO THE CHECK; THIS IS CONSIDER AS FORGERY.
I had a similar situation were one roommate moved out and left the other one holding the bag. She wanted me to deduct the full month rent from the security deposit and make the check payable only to her. I told her I could not do that, security deposit can not be used in lieu of rent.
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