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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 11783
Experience:  JD, MBA
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In August 2014 I signed a lease drafted people, myself and a

Customer Question

In August 2014 I signed a lease drafted for two people, myself and a girl named Liz. I put down the entire security deposit, she did not come with me to sign the lease. She had supposedly set up another time to go to the office and sign the lease with the landlord and give them her half of first month rent. She moved in for one day, decided she wanted to move back home to her parents (her mother was ill) and never signed the lease or payed first month rent. I notified my landlord at the time, she said if I could find someone else by September first she would forgive liz's half of rent that month. I unfortunately got a new phone in January and don't have that text message. I found a new roommate, we signed a new lease and liz's half of September rent was never discussed again. When I received my security deposit check liz's August 2014 rent had been pulled from the security deposit. Do I have any legal ground here?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

This is really just a matter of proof. The lease says that the full rent is due for September. Accordingly, if that is altered, then you need something in writing indicating that. My suggestion would be to simply remind the landlord of what she promised. It's possible that she will recall her promise and agree with you, and give the money back. But if she doesn't, then I do think that you would have a very difficult time in court if you were to sue for a refund.

On the other hand, you likely do have a case against your former roommate who promised to sign the lease. Your argument would be that you had an agreement with her, and that you would not have signed the lease and made yourself liable for the full rent in September if it were not for her promise which induced you to sign the lease. Accordingly, you could sue her and you would have a good chance of winning.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
What are the fees associated with small claims court, would it be financially worthwhile to take her to small claims?
Expert:  TJ, Esq. replied 1 year ago.

Hello again.

You could probably sue the former roommate for around $100. That would include the filing fee and the service fees. but to know the exact figure, you will have to contact your local court clerk to find out exactly how much is charged for service fees. In other words, you have to pay the sheriff to give the summons to the defendant. The good news is that you can include these fees in the judgment . Accordingly, the roommate can be forced to repay those fees.

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