Legal Question in Civil Litigation in Virginia
Roomate in Small Claims Court
My cousin and I began leasing an apt 2 yrs ago. When we decided to move, we ran down a few rules verbally, but nothing written; we've been very close for 26 yrs and haven�t had a argument to date. Until now, we also haven't had any major arguments concerning the apt. Now though, her boyfriend is staying there every night. I tried to compromise a few times (offering to add him to the lease & split the rent, or to move out and let them have the apt, or to agree on the # of nights feasible). She replied she understood, and after turning down most offers she agreed to minimize his # of stays...but never complied. I went to the landlord, after which she sent me a text advising that i need a child of my own and until i pay her half of the rent, i could kiss her ___. We finally met with the landlord and she then denied everything! Saying i couldn't prove it. She turned down the landlords offers to trnfr to 2-1bedroom apts. Though, the manager could sense from my roomates demeanor that I was not making this up, her hands were tied. I�m thinking of buying a spy cam and suing her for breach of contract. Will I need it or will the judge see thru her story like the landlord did. Will the tape be allowed? Can I sue b4 the lease ends? HELP ME!
3 Answers from Attorneys
Re: Roomate in Small Claims Court
What contract? A few "rules verbally but nothing written" doesn't sound much like any contract that would be enforceable in court.
And, no, no tape recording would likely be admissible in any court proceeding unless your cousin was aware of and had consented to the taping and you can forget about the spycam nonsense.
Re: Roomate in Small Claims Court
You might consider consulting an attorney before you end up doing something (spycams, tapes, other bad ideas) that could get you sued. Good luck.
Re: Roomate in Small Claims Court
You might consider consulting an attorney before you end up doing something (spycams, tapes, other bad ideas) that could get you sued. Good luck.
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