Legal Question in Real Estate Law in Texas

Who Will Win?

Hi,

I subleased my apartment to this person via a friend referral. In my rush to get out of town, I have not personally got this person signature on the lease contract. Here's the problem, out of my kindness, I decided to leave the phone on instead of disconnect it to save this person the $50 activation fee. The person used the phone and rang up a bill of $400. Can I take this person to small claim court and win or am I doomed to pay for the bill?

A friend of mine said no because I let this person use my phone when it was still under my name so it's my responsibility, regardless whether there's a verbal agreement that this person will pay for the phone or not. The way I take it, I didn't make the calls, the person stayed in my place did, he should pay for it. Do I have a case?


Asked on 7/13/00, 1:56 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Who Will Win?

Good guys finish last?

You owe the phone company because the phone is in your name.

The renter owes you for the calls which he made.

Yes, you have a small claims case.

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Answered on 9/08/00, 6:01 pm


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