Legal Question in Civil Litigation in Michigan
I was in a year lease with my roommate. We were in a two bedroom apartment since December 2009. The rent is $520 for the apartment, not including utilities. We each pay $260 every month. From April '10 until July '10 I was out of state. We agreed she could have one of her friends stay in my room, and she would only pay half of the utilities. I was still paying $260 a month while I was away. When I got home, I found out from the friend that she was also giving my roommate $130 a month for those three months for rent, and paid half of utilities. My roommate tried to hide this from me until I confronted her and told her the money should go to me. She said she understood and was fine with that, but two days later she said she will just give the money her friend paid back to her friend so that we are back to square one.
I did not agree with this, but she could not understand my side. My landlord let me off of the lease, and just a few days later my ex-roommate's friend was living in the apartment again. I unfortunately had to give up the security deposit that I paid in full when we moved-in in December.
Consumers was in my name until I was let off of the lease. My ex-roommate and I had the agreement that her and her friend would take care of the Consumers bills while I was not living there. The final bill was $140. I reminded her of this a couple of weeks ago and she gave me the impression she would pay it when the due date was closer. I asked her about it Thursday, Aug. 5th, and she never responded. The bill was due today, Aug. 9th, and I have not heard from her. I tried calling and left a message.
If she refuses to pay the Consumers bill, I want to take her to small claims court. I would like to ask for the money her friend paid towards rent, the security deposit I paid, the final Consumers bill, and court fees. I do not have any of our agreements written down. I have proof that I was paying rent in the months I was gone, I have a text message from my roommate that proves her friend was paying some amount of rent, and I hopefully have her honesty. Do I have a strong case? What are the chances I would get any of this money back?
1 Answer from Attorneys
No.
Slim and None.
You were on the lease, you owed the rent, it doesn't matter that you weren't actually sleeping there. The Consumers bill was in your name, you owed the payment. If you expected payment from the friend, or if the friend was willing to give you money, this agreement should have been made up front, and cannot be enforced after the fact. You don't explain why you "had" to give up the security deposit. If it was in exchange for "being let off the lease", and this was an agreed to exchange of benefits, then you received what you bargained for. (this should have been agreed to in writing between you and the landlord) You have presented no facts showing that you are owed money by your roomate or her friend.
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