yellowsnake Posted December 9, 2005 Report Share Posted December 9, 2005 I had a roomate and he moved out on me. he wasn't on the lease agrrement but did sign a document with me saying he would stay and such. he moved out 3 months into a 16month lease and no other roomate. do you guys think i could sue him or not???? the lease is up now Quote Link to comment Share on other sites More sharing options...
wnaplay1647545503 Posted December 9, 2005 Report Share Posted December 9, 2005 How much $ did he default on. I cant remember what the $ amount of small claims court is. But I know there is a cap on how much you can sue for. Unfortunately you have to pay certain court costs when you file, which pays for the guy to be served and whatnot. If you lose you are out this money also. I would send a demand for payment letter. This will also be good when you take him to court. It is worth paying to have it sent certified mail so you have his signature of delivery. Make sure the letter threatens legal action. Quote Link to comment Share on other sites More sharing options...
SlowZ06 Posted December 9, 2005 Report Share Posted December 9, 2005 Maybe. The question you want to ask yourself beforehand is: "Even if I can sue, and win, does he have any assets (liquid or otherwise) that I will be entitled to?" If the answer is no, chalk it up and save yourself a lot of trouble. As far as your legal "leg to stand on", you should probably ask an attorney's opinion, not ours. Or, call Judge Judy. Quote Link to comment Share on other sites More sharing options...
wnaplay1647545503 Posted December 9, 2005 Report Share Posted December 9, 2005 Maybe. The question you want to ask yourself beforehand is: "Even if I can sue, and win, does he have any assets (liquid or otherwise) that I will be entitled to?" If the answer is no, chalk it up and save yourself a lot of trouble. As far as your legal "leg to stand on", you should probably ask an attorney's opinion, not ours. Or, call Judge Judy. Current assets or not. You sue even if he doesnt at this time. The guy could get a good job, a nice house, anything. You have to assume he is better off because he did not have to spend the money he contractoraly(sp) agreed to spend. Its not your fault he decided to stiff you. You had an agreement with a grown adult capable of making decisions. Why do you think the family of murder victems sue the accused. He will be in jail his whole life, but if he gets a book/movie deal you dont want him to benefit on you behalf. Quote Link to comment Share on other sites More sharing options...
SlowZ06 Posted December 9, 2005 Report Share Posted December 9, 2005 Current assets or not. You sue even if he doesnt at this time. The guy could get a good job, a nice house, anything. You have to assume he is better off because he did not have to spend the money he contractoraly(sp) agreed to spend. Its not your fault he decided to stiff you. You had an agreement with a grown adult capable of making decisions. Why do you think the family of murder victems sue the accused. He will be in jail his whole life, but if he gets a book/movie deal you dont want him to benefit on you behalf. True, but you can only sue for actual damages... which in this case would be whatever amount he agreed to pay. (rent, utilities, etc.) Since this agreement was between him and his roommate which he had no legal right to have in the first place, there may not even be any "damages". ORC 5321.14 states: (A) If the court as a matter of law finds a rental agreement, or any clause thereof, to have been unconscionable at the time it was made, it may refuse to enforce the rental agreement or it may enforce the remainder of the rental agreement without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. Disclaimer: This is not legal advice. Anything that may be misconstrued as legal advice I accept no responsibility for. I am a font of useless knowledge, usually obtained through getting myself in a lot of shit, and having an attorney as a good friend. I am not qualified to advise or represent you on any legal matter; however, if you need spark plugs, brake pads, or automotive project advice, I'm your man. Quote Link to comment Share on other sites More sharing options...
Guest Scooter Posted December 9, 2005 Report Share Posted December 9, 2005 I need some brake pads... Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.