What to do if my lease ended last month and my roommate did not pay her half?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my lease ended last month and my roommate did not pay her half?
She moved to the next state over and left me with the last two months utilities and late fee’s and misc charges that she should have paid. I have clear proof that she should be paying for it, including statements from the landlords. The landlord wants me to pay the entire remaining balance and take her to small claims court. I would be taking her to court for roughly $1100. I know where she lives now and would be able to serve her with papers. Is this worth going to small claims court over?
Asked on September 27, 2012 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The landlord is right in that he or she can hold you responsible for the full amount due: if you don't pay, the landlord could both sue you and report the default to the credit-rating agencies.
You legally can sue your friend for the money, but it may not be worthwhile if she is in a different state. To being with, you most likely will not be able to sue her in small claims court--small claims courts do not, as a rule, have jurisdiction over out-of-state parties. (You can check to see if your small claims court will have jurisdiction, however.) That means you'll need to sue in regular court (e.g. county court), which is more complicated and expensive. Second, even if you do sue and win, enforcing judgment (that is, getting the money) from an out-of-state person can be very difficult if he or she doesn't pay voluntarily--that is, if the roommate isn't worried about having a judgment against her or a default on her credit record, you might not be able to get the money; or if you can, it will take some expense and considerable effort on your part.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.