Legal Question in Landlord & Tenant Law in Michigan
I am in a lease with 2 roommates and one is threatening to move out and not pay. Our rent is paid in a lump some. How do we go about getting the money and if it had to go to court how would we prove that she paid? Her arguement is that the court would not know if she paid or not.
2 Answers from Attorneys
My understanding of your question is that you paid the rent in a lump sum and you receive payments from your roommates, or you and one other roommate paid the rent in a lump sum and receive payment from the remaining roommate.
If that's the case you could try to file a complaint against the roommate that is threatening to move out when he/she moves out and fails to pay his/her portion. It may be difficult to prove that the roommate ever had an obligation to pay unless that roommate is on the lease or there is a record of past payments such as receipts.
If the amount you sue for is under $3,000 you will be in small claims court.
Her argument that the court "would not know" does not "hold water". The court hears people lie every day, and judges can spot a liar from a mile away. If you take her to court, you simply tell the judge the truth, the judge will decide who to believe.
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