
10-03-2007, 06:59 AM
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Senior Member
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Join Date: Nov 2006
Posts: 462
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Quote:
Originally Posted by Lucyrw
Two months ago I moved out of a house that I was living with another girl. She is not the owner of the house, but the residential manager (landlord?) Sorry, not quite sure about the terminology. Anyways, we never had a written contract, but a verbal agreement regarding rent and deposit. It was a good experience actually. She never expressed any concerns to me.
After I moved out, it was a different story. Initially, she told me that she would pay me as soon as the new roommate moved in, etc. I told her fine. After waiting about a month, I wrote and called her and this time she evaded my attempts to reach her. Again, I waited. Then, I threatened to contact the owner of the house (which is also her professor) and she emailed back with the lame excuse that she's been too busy preparing for her classes and will mail deposit ASAP. Well, two weeks later, I finally contact the owner of the house with my ex-roommate CC to email, and she flipped out and sent an email back accusing me of being a dirty roommate, never cleaning, leaving the room in a state of messiness (ALL LIES!) and also claims that she mailed me a check.
I believe that I have a pretty good case. But, I'm concerned of the lack of evidence on my part. I never signed a contract, never took pictures before or after. However, I have one email correspondence from her stating that she would pay me back in full, and another acknowledging that she made that statement. So, two emails that she wrote stating that she acknowledged that deposit is delienquent, and that she refund in full.
If I take this to small claims court:
1) Do I take my roommate (the residential manager) or the professor (the house owner) to court?
2) Do I have a good chance to obtain monies more than what is owed? Could I potentially get more for slander/defamation of character, and lack of good faith on their part?
By the way, the owner hasn't contacted me yet either. Thank you for your time!
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Personally, I would include the owner in all correspondence from this point on, since you haven't received acceptable responses from the 'manager.' He/she may not even be aware of a situation that could conceivably have violated the terms of the lease between him/her and your former roommate. I'd include copies of all emails you mentioned, explaining your attempt to resolve this through his/her agent,(I'd be sure to mention that she represented herself as the 'rental manager') but I'd also keep the letter as professional as possible while stressing the need for expediency (maintain copies for your records.) I think sufficient time has already passed some time ago, personally. If you receive no response, you can pursue this through small claims court, should you decide to. You'd be entitled only to the monies owed you, i.e. typically your portion of the security minus any reasonable repair costs (request an itemized list) if you paid one; that doesn't include "messiness." I see no evidence of slander or defamation and "lack of good faith" hasn't been clearly established here..only carelessness on behalf of the 'rental agent.' It's not very likely a court would award compensatory damages for that one. Since you made the verbal agreement with your roommate (and not the landlord,) technically I believe that's the party to name, however I believe you could possibly include the landlord if there was/is an existing landlord/agent relationship between them. I also believe all email correspondence is admissable as proof of the verbal agreement between you and also good evidence you tried to work this out before filing for legal action. (My opinions and not to be construed as legal advice.)
Good luck.
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