Legal Question in Landlord & Tenant Law in New York
Dispute between roomates
My son went to college and moved in an apartment with two other boys. There were some disputes and my son was able to negotiate with the landlord to be able to get out of his lease. Unfortunately, the utilities were all in my son's name and the shares that are owed to him by the other two boys are not being paid. I would like to take them to small claims court and I don't know how to do that. Also they are stating that because my son's girlfriend stayed at the apartment a great deal (they also had visitors) that she should have to pay a certain amount of these bills. Only the three boys names were on the lease. Who is reasponsible.
Thank you.
2 Answers from Attorneys
Re: Dispute between roomates
Your son is ultimately responsible because his name is on the account. If he can prove the otherse were living there (not to difficult in this case, he can sue the others for contribution)
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Re: Dispute between roomates
This is a diffuicult situation. The problem here is not getting a judgment in small claims court, it is in getting the money paid after you win!
Your son is responsible to the utility company for the entire amount. The other 2 are also, but since their names are not on the utility bills, the utility company will find it too much trouble to go after them for the money.
The utility company can collect all of the money from your son.
However, your son can collect 1/3 from each roommate provided he can show they lived there.
Your son may collect 1/2 from each roommate for the period when he did not live there, but they did.
Bring the utilities bills into the court with some document (lease? mail addressed there?) to show they lived there as well as your son. And accept the arbitration (much faster, same result).
You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.
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