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help for the defandent

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K

kmk617

Guest
What is the name of your state? new york,suffolk county
i moved in with 2 friends signed a 1 yr lease. everything was 1/3ea. security,rent utilties ext. after 3 mos,i decided to move out. there was illegal drug use,stolen money,and hostile relationship between the other 2 wh are acouple. i was afraid and moved out .i tried to get them a new roomate with the realestate agent,they refused. ithey agreed to keep a microwave in liu of utlitie bills for that mo. i payed my rent and left the security behind. they are suing me in small claims court.i also have accured over 900.00 on credit cards that they agreed to go in on for household items. i countersued. do i have a leg to stand on in small claims court?i tried to leave amicably but it has not turned out that way:confused:
 


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Izzy321

Guest
It seems as though this is a case of your word against theirs. Unfortunately, they will have a stronger case if you did not notify the landlord in advance of you leaving. It sounds like you left the security deposit as some sort of payment for the other two parties. Did you let the landlord know of your intention of leaving? If you didn't, it will look like you broke your lease without cause.
About the $900 in credit card bills, did you get anything in writing? Verbal agreements don't stand in court, even in small claims. You might get some money back though, if you still have the receipts showing what was purchased. You didn't say why the other party was suing, or, what they were suing for.
You were a sport for arranging to get another roommate for the other two parties, and, it would be considered an act of good faith, especially in court. If you have any paperwork supporting that, you should bring it to court with you. That might help your case.
 
K

kmk617

Guest
reply to izzy defandant

i notified the landlord of my intentions to leave and why,she said as long as they pay the rent she didnot care,i have itemized bills from the cc companies,separetaly listing every item purshased. all of which remains in thier possesion. they r suing me for household expenses.i also have a witness to bring a licensed real estate agent who called them and made them the offer of finding a replacement and they told him the were going to go it on there own. the figure they r suing for is just below the legal amount allowed. i have in writing the agreement about what was to be divided,it is dated. they would not sign it but they did keep one item in liue of utilitie bills ,so dosent tht prove they read it and that i gave them notice? there saying i gave them no botice,meanwhile,i did
 
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Izzy321

Guest
It sounds like the other two parties are in possesion of your evidence for your counter-suit.
The only defense you have at this point seems to be this; get a written statement from your landlord that states that you broke your lease on good terms with her. If you can, also have your landlord include the reasons that you gave her for leaving in the written statement; this should serve as some proof of your claim that the enviroment became too hostile for you to continue to live in.
As for the written statement saying that they accepted the microwave in lieu of cash for bills, you can present the paper in court, but, without their signature, it might not have much weight.
It would help you as well if you could get a written statement from the real estate agent that offered to find a replacement roommie for the two parties; their refusal might be able to sway the judge to think that they were able to pay the bills on their own, and, might make the judge question why they are suing you.
 
K

kmk617

Guest
TO IZZY

THANK-YOU I FEEL ALITTLE BETTER BUT I DO REALIZE THAT 1 PARTY WINS 1 PARTY LOSES ILL LET U KNOW WHAT HAPPENS.BY THE WAY I WONDER, ARE U A LAWYER?
 
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K

kmk617

Guest
IZZY

ALSO THE REALESTATE AGENT HAS AGREED TO COME TO COURT ON THE DATE OF HEARING. FINGERS CROSSED
 
I

Izzy321

Guest
No, I am not a lawyer, but, I don't know whether to take that as a compliment or an insult.......lol.
 

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