Tilted Forum Project Discussion Community - View Single Post - Oh roommates, gotta love to hate em. Seeking advice.

archetypal fool · 03-28-2010, 02:42 AM

It seems to me that if he refuses to pay you the $125 for rent, then you're totally entitled to his half of the deposit minus $25, which, as robot suggested, you could probably absorb because he left you with a mess to clean up; the last thing anyone wants to do when moving into an apartment is having to clean up after the previous resident, so you could argue that it was a necessary step to acquiring a new roommate. Speak with management about the situation so that he can't stop by and demand his deposit behind your back.

And as Xerxys said, write a clear and concise letter stating the facts of your case, just as you gave them to us, then send it to him. I'm sure you've spoken about this in more detail with him, but from the chat log it seems he either doesn't understand why he owes you money (and you don't owe him any) or he's feigning ignorance and hoping you'll drop it and go away. If the latter is the case, send it to his mother instead (or speak with her directly). In any case, you're the one with the proof and it's entirely in your favor, so I can't imagine any way you could end up losing in this situation. Leave the small-claims court as a last resort if both him and his mother refuse to give you what you're contractually owed.

EDIT: Why is he even asking for his deposit back? In most places breaking the leasing agreement means you forfeit your deposit... that's how it works, and I'm sure it's in the contract somewhere. Tell him to dig up his copy of the leasing contract (assuming he was responsible enough to keep it) and give it a good read-through. If you want to make things totally square, you could probably also demand the rent because that $150 isn't technically his any more... so it doesn't really count as him paying you for rent.

03-28-2010, 02:42 AM	#7 (permalink)
archetypal fool Crazy Location: Florida	It seems to me that if he refuses to pay you the $125 for rent, then you're totally entitled to his half of the deposit minus $25, which, as robot suggested, you could probably absorb because he left you with a mess to clean up; the last thing anyone wants to do when moving into an apartment is having to clean up after the previous resident, so you could argue that it was a necessary step to acquiring a new roommate. Speak with management about the situation so that he can't stop by and demand his deposit behind your back. And as Xerxys said, write a clear and concise letter stating the facts of your case, just as you gave them to us, then send it to him. I'm sure you've spoken about this in more detail with him, but from the chat log it seems he either doesn't understand why he owes you money (and you don't owe him any) or he's feigning ignorance and hoping you'll drop it and go away. If the latter is the case, send it to his mother instead (or speak with her directly). In any case, you're the one with the proof and it's entirely in your favor, so I can't imagine any way you could end up losing in this situation. Leave the small-claims court as a last resort if both him and his mother refuse to give you what you're contractually owed. EDIT: Why is he even asking for his deposit back? In most places breaking the leasing agreement means you forfeit your deposit... that's how it works, and I'm sure it's in the contract somewhere. Tell him to dig up his copy of the leasing contract (assuming he was responsible enough to keep it) and give it a good read-through. If you want to make things totally square, you could probably also demand the rent because that $150 isn't technically his any more... so it doesn't really count as him paying you for rent. __________________ I have my own particular sorrows, loves, delights; and you have yours. But sorrow, gladness, yearning, hope, love, belong to all of us, in all times and in all places. Music is the only means whereby we feel these emotions in their universality. ~H.A. Overstreet Last edited by archetypal fool; 03-28-2010 at 03:00 AM..