If my old roommate and I owe a collection agency for past due rent at apartment and I’ve been paying and he hasn’t, can I take him to small claims court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my old roommate and I owe a collection agency for past due rent at apartment and I’ve been paying and he hasn’t, can I take him to small claims court?
Asked on June 13, 2012 under Bankruptcy Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes: if the two of were both co-tenants (so both liable under the lease) and/or there was an agreement between the two of you to jointly pay the past due rent, then you could sue him for the money he owes you. Small claims court is a good choice for this type of lawsuit. You need to prove his obligation to pay and how much--e.g. that he was on the lease or otherwise rented the apartment with you, and that the agreement was to share the rent.
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.