Legal Question in Real Estate Law in Florida
I live in a 3/2 condo which I rent with another friend of mine. We had a third roommate who had decided to move out with her boyfriend. Although she was on the lease for about another 6 months she decided to begin searching for a place to move out earlier. The reason being that another friend of ours happened to be going through a divorce and needed an immediate place to stay. She was planning on leaving anyway and he needed somewhere to live so it just worked out.
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Technically, we are not allowed to sublet the room but didn�t think much of it since the situation was going to be temporary. Our divorced friend agreed to move in for 6 months and rent the third room once our old roommate moved out. When the old roommate moved out we were in need of a couch and TV, I agreed to front the money for this and we agreed to split the cost of these items 3 ways. Everything was going great until we got into an argument with the new roommate and he moved out the very next day, leaving us with a post-dated check and his house key.
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When I came home and discovered the check, I took a picture of it to show my roommate � I still have this picture but it will do me no good as far as using it to deposit or anything like that since the routing number is obscured. However, his name/address, date and my name are all visible on the picture. For what it�s worth I kept it in case I could take him to small claims court and at least show that he did intend to pay that. Somehow between the day he moved out and the date of the check (about 2 weeks) the check mysteriously went missing. I don�t know if he made a copy of the key and came back to take his check or if one of us misplaced it somehow. I have torn the house upside down and the check is nowhere to be found.
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We have tried resolving this amicably with our ex roommate but he has refused to pay us anything. Now that we don�t even have the check, we asked if he would write us another or deposit the money (after confirming the check wasn�t cashed) and he refused and now changed his phone number.
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I would like to know if there is any chance I could take him to small claims court and win? I have read that because we were subletting the apartment illegally and had nothing in writing from him � the court wouldn�t rule in our favor. I have texts between he and I and my other roommate acknowledging our agreement and have the old roommate and her boyfriend who were present for such conversations and would likely testify if needed. At this point, I will take whatever I can get, even if I�m out the sofa and TV and only get November�s rent. Is there any chance a judge would rule in our favor?
1 Answer from Attorneys
The copy of the check may be submitted as evidence of the debt due and owing. No guarantees as to what will happen in Court as the agreement was essentially oral and all its terms need to be proven. Seek legal help before filing your case so you can make sure you have all the elements necessary to prove it up and win.
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