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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101933
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can i sue a person who lived with me and he moved out and has

Customer Question

can i sue a person who lived with me and he moved out and has his own house now and still has his name on my lease and and have not paid anything such as the rent in a year. so what do i do to collect my money. he makes good money and still has some clothes here
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Can you please clarify the situation?
Did you and he agree to be roommates and be responsible for the rent equally, but he then moved out? Is that what happened?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
he always gave 200.00 on the rent and this is what he said he would do. and yes he has been living here for five years then when he get bigger job he moved out and did not pay nothing anymore
Customer: replied 1 year ago.
are you still there
Customer: replied 1 year ago.
you can cancel this . you must not be real
Expert:  Ely replied 1 year ago.
Thank you. My apologies for the wait, as I was typing out the answer. I am real, I promise!
Someone in your situation would have to PROVE that this agreement was in place. By default, just because you are roommates (or were) does not meant that each was 50% liable for the rent.
So an agreement would have to be proven by a preponderance of the evidence. If this was in writing, the contract itself is proof. If this was verbal, then proof in the form of testimony, texts, emails, etc, may be offered.
This would be breach of contract. One has to proof a contract existed, breach, and damages from the breach. Sevarg Co., Inc. v. Energy Drilling Co., 591 So.2d 1278, 1281 (La.App. 1991)
This would be a GENERAL PRACTICE attorney. May I recommend the LA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Good luck.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.