How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34078
Experience:  30 years of real estate practice experience.
Type Your Real Estate Law Question Here...
Loren is online now
A new question is answered every 9 seconds

I was living in an apartment with a friend and my brother.

Customer Question

I was living in an apartment with a friend and my brother. The only people on the lease was my roommate and me not my brother. We split the rent 3 ways and never told them my brother was living with us. Our leasing term is up this month and my roommate hasn't paid his share so they're going to evict us in a couple days. My roommate hasn't shown any intention of paying it. We now have late fees and I'm facing legal action from my complex. They will return my brother and mine's 2/3 of the rent and use for the whole months rent and late fees. They will also withhold the deposit which only I paid for no one else. I plan on taking him to court. Will my brother not being on the lease work against my case?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Loren replied 5 months ago.
If you had an agreement between the three of you that younwould split the expenses then that is an enforceable contract. You can sue for any of the shared expenses that you were forced to cover for the roommate and your brother, or one or the other.
It will not matter if your brother was on the lease, since this is an agreement between the three of you.
Expert:  Loren replied 5 months ago.
You can like sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
Expert:  Loren replied 5 months ago.
Are you online with me?
Customer: replied 5 months ago.
Yeah I am now. Thanks your answer was very helpful
Expert:  Loren replied 5 months ago.

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!