Hey guys, I need some quasi-legal advise... I allowed a "friend" of mine to live in the second room of our apartment for the first 7 months of our lease as a favor to him. he put ~130 dollars in on the deposit, as well. So, it comes to the time where he's leaving. he gave me notice he would leave 30 days beforehand for Dec 13th.
Last tuesday after he'd left to be home with his family for Thanksgiving, he left a note under my door.
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I have decided to take $90 out of my last month rent, as a return on my deposit. I'll write a check for the remainder upon my return.
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I'm living pretty close to hand to mouth right now, and cannot afford to take an extra 90 bucks rent, after he and i had discussed deposit and I had explained that the money was tied up and i couldn't pay him back until I recieved it back myself, but that at that time I would mail a check to his families.
So, today, he attempts to give me rent, minus 90 dollars, and i tell him, in no uncertain terms that he will pay or he will leave, and he threatens to take me to court over it. (this is the last time i do a favor for a lawyers kid!). I go for a walk to cool off after our shouting match, and on my return he gives me all of rent, and e-mails me this:
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When you move out, I shall expect a check for $121 mailed to my parents in [home city].
[address removed]
This amount is after the cost of 4 nail holes in my walls.
If I do not receive a check at all, or if it is not for this amount, you will be seeing me in small claims court.
- [roommate]
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my reply
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the check you recieve will not be for that amount. there will be a carpet cleaning and painting fee at the very least. you will recieve 1/3 of the returned fee.
-me
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and his.
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The contract states precisely what [the apt complex] will charge money for. Carpet cleaning and repainting is not on there. I will leave it to you to argue with them if they decide to try and take more money than is owed them. However, as of this time, the only items on that list that are in effect are the nail holes I mentioned. That means, that if they take anything out for damages, then it is a result of something one of you did in the time I was not here. I will not be held responsible for that.
I reiterate, you will send me a check for that amount (if you direly need some money to help, then make it $110 instead). But make no mistake, I will not be screwed in this matter, and I have no trust left for you at all. If the check is not received, or it is not for this amount, you will be taken to court over it.
- [roommate]
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so, since if my experiences before are anything to judge upon, we're gonna get somewhat less than the full deposit back, and while I don't expect him to pay for my damages i expect him to pay for what wear and tear on common areas we get charged for, it looks like I may be going to court.
#1: does he have any kind of a case?
#2: does it cost me money to go to court, even if I win?
#3: does he have to pay money to file the claim?
#4: do I have a leg to stand on here?
edit:
also, does someone know of anywhere online I can look up info on matters like this?