Legal Question in Real Estate Law in Missouri
i have a roomate who had live with me for over a month. gave me a week notice that she was moving after we had a verbal agreement that she would stay til the lease is up. and there are witnesses but now that i told her she had to have all of her stuff out she is wanting to take me to court to get back the her half of that months rent. i was just curious what the out come would be if this went to court?
1 Answer from Attorneys
If you had a verbal agreement for a sublease for her to stay with you, the answer to your question comes down to who the judge believes. If you say that she advised you that she was leaving in a week, (not due to something you had done or omitted doing) you have the right to demand that she take her things with her. If she wants to get the rent she paid back, she would have to prove that there was no agreement for her to pay rent to sublease a portion of the space from you. Given that she paid, it appears that it would be difficult for her to prove that. You might even be able to have a successful counterclaim for the unpaid rent for the rest of that month.
Good luck
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