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Sued by former roommate

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troyc314

Junior Member
What is the name of your state? Colorado

I was recently served a summons to appear in small claims court. I know that the plaintiff cannot serve me but is it okay for him to be present with the server (plaintiff's fiance's brother)?

Here's the situation: I got an apartment with the plain. and three months later I moved out. I never had my name removed from the lease. Plain. lived alone for two months before finding a new roommate.
Plain. is suing me for 4 months 1/2 rent, 1/2 utilities, and 'misc. expenses'.
Am I liable for more than those 2 months 1/2 rent? Am I responsible for any of the utilities? They were paid current when I left and they're all in his name.
To prove that I paid the last months utilities, do I need cancelled checks from my bank or will the carbon duplicates work?
The security deposit was one months rent and it was split equally. By moving out, did I forfeit my interest in the refund? If not, can that money be applied towards any awards he receives in court?
I appreciate any help, thank you.
 


JETX

Senior Member
"is it okay for him to be present with the server (plaintiff's fiance's brother)?"
*** Yes.

"I got an apartment with the plain. and three months later I moved out. I never had my name removed from the lease. Plain. lived alone for two months before finding a new roommate.
Plain. is suing me for 4 months 1/2 rent, 1/2 utilities, and 'misc. expenses'.
Am I liable for more than those 2 months 1/2 rent?"
*** Of course we can't answer that since we don't know ALL the facts.... but suffice to say, if the plaintiff can show the court that you owe it.... yes.

"Am I responsible for any of the utilities? They were paid current when I left and they're all in his name."
*** If the plaintiff can show that your 'deal' included you paying 1/2 the bill, then likely, yes.

"To prove that I paid the last months utilities, do I need cancelled checks from my bank or will the carbon duplicates work?"
*** Of course, the acceptability of your evidence is up to the court, but carbons of the checks with a copy of the statement showing that check cleared should be sufficient.

"The security deposit was one months rent and it was split equally. By moving out, did I forfeit my interest in the refund?"
*** By breaching your lease by leaving early, very likely you lost any deposit you may have had.

"If not, can that money be applied towards any awards he receives in court?"
*** Probably not as it would presumably still be in the custody of the landlord. But, go ahead and argue that anyway... you might just win.
 

troyc314

Junior Member
Thanks for your help. To clarify though, I'm still liable for 1/2 rent for the months since the new roommate moved in?
 

JETX

Senior Member
troyc314 said:
Thanks for your help. To clarify though, I'm still liable for 1/2 rent for the months since the new roommate moved in?
I don't think that is what I said. You are liable for ANYTHING that the court decides you are. And though I doubt that means any rent after your 'breach' has been recovered by a replacement, if the plaintiff can prove it and you can't defend, then the court will (or should!) rule accordingly.
 

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