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Old 07-16-2000, 01:43 AM
Gudgrrrl
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My roommate and I made an agreement to split the bills along with the rent when we moved in. She since has not paid her part since December, and has now moved out. Her furniture and things are still here, and I just recieved a notice from our landlord that she wrote a bad check for the last month's rent. Is there any way I can get paid back?
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Old 07-16-2000, 02:49 PM
Tracey
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First, since she's abandoned the apt, get a new roommie ASAP to help cover expenses. Second, sue R for her share of the rent & utilities. Small claims court is probably best. Then you'll have to garnish her wages, seize her car, etc. Third, turn her stuff over to L to sell. L has a landlord's lien on her stuff. If L takes physical possession of the stuff, L can hold the stuff hostage for 15-45 days, then sell the stuff to cover her bills. (L can even sell it to you if you like any of it.) Fourth, ask L to exercise his remedies under the abandonment clause of the lease (or under state law). L can declare she's abandoned the apt & you can require L to change the locks for security reasons. This also allows L to take her share of the security deposit to cover her check. (L has to send the statement of deductions within the state time limits.) Tell L that s/he has to cooperate with you or you can't cover the entire rent AND you'll argue that L shouldn't be able to collect full damages from you because L didn't mitigate his/her damages by seizing her stuff & letting you find a new roommie.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
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