Legal Question in Credit and Debt Law in New Jersey

Small claims court over roommate situation

My friend is threatening to take me to small court stating that I owe her money from staying with her for 3 months. I never agreed to be a roommate nor did I ever sign any documents. I was just staying with her because it was closer to my job. I was staying in an empty room in her apartment. Any other time I would sleep in her room but because her roommates had moved out I slept in the empty room. I had offered to pay some utilities while I was there but she wanted me to pay her PAST DUE ammounts as well and I felt that was unfair for me to take care of bills she ran up prior to me staying with her. So I paid nothing. She was ultimately asked to leave by the landlord and found another place and I moved into my own place. I live in NY and she lives in NJ but doesn't have my new address. Does she have any legal basis to sue me? And if so, what do I need to prove in court to avoid paying her money for an apartment she was paying rent on anyway?


Asked on 10/01/06, 11:00 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Small claims court over roommate situation

without a written agreement about paying rent, it is her word against yours. She has the burden of proving that you agreed to pay rent. If you deny that there was an agreement and state that you offered to pay something but her demands were unreasonable, the judge (or other trier of fact) should come back with a decision that there was no meeting of the minds about the deal and therefore you should win. Nothing is guaranteed however since it comes down to who the trier of fact believes. If you have witnesses in your favor or anything in writing in your favor you should introduce it into evidence to help your case.

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Answered on 10/01/06, 1:21 pm


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