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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 56078
Experience:  Licensed attorney helping individuals and businesses
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I had a roommate you moved out without given me a 30days. He

Customer Question

I had a roommate you moved out without given me a 30days. He signed a month to month rental agreement with me on Dec 22, 2008. He wanted to move in fast so he gave me partial payment Dec 22-31 08 Just started and new job in Sales and opened up a new bank account. His rent was due the first of the month the latest was the 3th. In Jan I did not get his rent money of $700 until after midnight on Jan 12th I let it slide do to new job, was paid on Jan 9th Bank had his check on hold for two days Jan 9th was a Friday so on Monday January I went to his bank and they said had to wait one more day. Then the need of January coming around I told Kevin do not forget your rent is due by the first of Feb. He said" that is going to be a problem I get paid on the 9th. I told him you get paid every two weeks. I get paid once a month. I never got paid until the 9th charged him a $25 late fee gave me a 30 day written notice on Feb 8th and when back on it. You never let me finish there is more
Submitted: 8 years ago.
Category: Legal
Expert:  INFOLAWYER replied 8 years ago.

what state are you in and what is your question?

Customer: replied 8 years ago.
I am waiting for a reply from you and gave you the information. Please let me know what my next step is Thanks
Expert:  INFOLAWYER replied 8 years ago.

You should sue him in small claims court for the month of rent outstanding if not paid, that being march along with any damages due. You can serve him at his last known address if he has not provided a new one and cant gather it in on inquiry

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Customer: replied 8 years ago.
I do not know his last know address he came out here from Co. what is the month of rent outstanding??? I want to know if he owe me the $200 since he gave me $500 makes $700 I am very stressed out and disappointed with the little advice you gave me. The first time I used this web site the lawyer gave me Great advice that is why I contacted justanwer again.
Expert:  INFOLAWYER replied 8 years ago.
If he gave you notice in mid Feb, then he would be liable for feb and march rent less any monies on account/deposit paid.
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Customer: replied 8 years ago.
I told you he gave me a notice then wadded it up and threw it in the trash bin that is not a proper notice. So no he did not give me a proper 30 day notice I know this and I am not a lawyer
Expert:  INFOLAWYER replied 8 years ago.
If notice was given in writing but then thrown out it creates a question of fact as to whether he intended to withdraw is notice or not. Given his departure thereafter, a court is not likely to hold him liable beyond the 30 day notice period and that is what you reasonably should pursue as rent.

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