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I live in a 2 bedroom apartment where my roommates moved out…

I live in a...

I live in a 2 bedroom apartment where my roommates moved out before the lease was up and refuse to pay the rent. They have not payed the rent since January, the lease is up on April 30 what legal recourse do I have to get them to pay their rent? Can I sue them for the money

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

San antonio

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not Really just the rent is the problem

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Answered in 5 minutes by:
3/14/2018
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,871
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. Are you paying the rent in full, on your own, at this time?

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Customer reply replied 5 months ago
sir

If you are paying the rent on your own, you can turn around and sue them, to recover their share, which you had paid. If you had an agreement with them to share the rent 50-50 and they are no longer paying and you are doing so to avoid being evicted, you can turn around and sue them to recover what you have paid.

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Customer reply replied 5 months ago
Do I need a lawyer for that? Or how do I do that

No, you can do it on your own. Depending on the amount, you can file in small claims court and go after him. The clerk of court should have the forms for you to fill out and file to start the process

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Customer reply replied 5 months ago
Would this be at the courthouse?

Yes, it would be. That is where the clerk of court is located.

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Customer reply replied 5 months ago
How hard is something like this to prove? What kind of evidence can I gather to prove my case?

You have proof that you paid your rent in full and the burden would shift to him, to show he did not. If he did, he could produce receipts or a canceled check but you have evidence of paying the rent from your account and the fact that you are on the lease together and had an agreement to share the rent 50-50, which is common.

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Customer reply replied 5 months ago
Do I have to prove we agreed to pay the rent 50/50?
Customer reply replied 5 months ago
Because we didn’t make a written agreement.
Even though it was not in writing you have a verbal agreement and your testimony would be evidence. Also, they paid rent before moving out so right there could evidence it was shared and 50-50
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,871
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Customer reply replied 5 months ago
Well thank you. You made me feel a lot better that helps alot
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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