Abusive Boyfriend getting back with small claims suit.

[Azafrani]

What is the name of your state (only U.S. law)? Florida

I lived with my boyfriend, but he became physically violent so I left and filed a protective order against him that was granted.

When I left he sued me in small claims as a payback since both our names are on the lease,I did not know as I was never served. I found out about the small claims suit at the protective order hearing...his small claims suit came before my protective order request due to a holiday and the Women's shelter being closed.

He is suing for the maximum amount exactly. Since I left he says I owe him rent, even though we had verbally agreed that I would contribute with food/cleaning and other small bills around, which I did. I also gave him cash to help around with the rent. He wouldnt let me take job offers and said constantly to not worry about the money.

Everything we paid from our joint account, and he said it was a gesture of love. I sincerely see this as a way of him harassing me further.

I am scared of him and what he'd do to me, that is why I left.

I did not take a cent from him, he never lent me money, all of ti was gifts. Torwards the end of the relationship he would say that I owed him for our dates, so I let him a note when I left saying my parents would contact him about the money, because that was ludicrous.

If you have any advice on how I can approach this...I'd appreciate it.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

I lived with my boyfriend, but he became physically violent so I left and filed a protective order against him that was granted.

When I left he sued me in small claims as a payback since both our names are on the lease,I did not know as I was never served. I found out about the small claims suit at the protective order hearing...his small claims suit came before my protective order request due to a holiday and the Women's shelter being closed.

He is suing for the maximum amount exactly. Since I left he says I owe him rent, even though we had verbally agreed that I would contribute with food/cleaning and other small bills around, which I did. I also gave him cash to help around with the rent. He wouldnt let me take job offers and said constantly to not worry about the money.

Everything we paid from our joint account, and he said it was a gesture of love. I sincerely see this as a way of him harassing me further.

I am scared of him and what he'd do to me, that is why I left.

I did not take a cent from him, he never lent me money, all of ti was gifts. Torwards the end of the relationship he would say that I owed him for our dates, so I let him a note when I left saying my parents would contact him about the money, because that was ludicrous.

If you have any advice on how I can approach this...I'd appreciate it.

All you can do is show up for court (maybe with an attorney if small claims in FL allows for that) and argue your position. This is his way to continue to abuse you.

 

[AnonUserName]

All you can do is show up for court (maybe with an attorney if small claims in FL allows for that) and argue your position. This is his way to continue to abuse you.

Bring any evidence that you have supporting the domestic violence to court to further argue your point.

 

[Proserpina]

Bring any evidence that you have supporting the domestic violence to court to further argue your point.

I'm not entirely sure that it actually matters; her name is on the lease, and while I agree it's his way of continuing his shenanigans it doesn't preclude him successfully getting a judgment for at least the rent.



(Yeap, you can have an attorney for small claims in FL )

 

[Azafrani]

Can he possibly get judgement for the whole rent? I left a couple of months ago and we were right on the middle of the lease. He made the situation really dangerous.

 

[LdiJ]

Can he possibly get judgement for the whole rent? I left a couple of months ago and we were right on the middle of the lease. He made the situation really dangerous.

If you were on the lease the landlord could definitely hold you responsible for the rent. I am not sure that that your ex could do the same.

 

[AnonUserName]

Most states allow for a tenant to break a lease due to domestic violence; however Florida isn't one.

http://www.nolo.com/legal-encyclopedia/florida-state-laws-affecting-tenants-domestic-violence-situations.html

The best you can do is present your side and hope the judge sees it your way.

Good luck.

 

[ecmst12]

The lease only obligates her to the landlord though, not the boyfriend.

 

[AnonUserName]

The lease only obligates her to the landlord though, not the boyfriend.

Per this link a tenant can sue another tenant for unpaid rent.

http://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/co-tenant-breaks-lease-what-happens.htm

I found a similar question and an answer from a Florida attorney who stated yes a roomate could sue a former roomate for the remainder of the lease but the remaining roommate must also try to mitigate damages by trying to find another roomate. The answer didn't address the landlord but I would imagine in order to mitigate damages, the OPs ex would need cooperation from the landlord.

 

[Zigner]

I believe (an opinion) that a person such as the OP would have a much easier time convincing a judge to rule in her favor if sued by the abusive ex, as opposed to being sued by the landlord.

 

[AnonUserName]

I believe (an opinion) that a person such as the OP would have a much easier time convincing a judge to rule in her favor if sued by the abusive ex, as opposed to being sued by the landlord.

100% agree. I just can't see a judge holding her responsible for her portion of the rent when she was physically assaulted and has a RO... But that's my opinion.

 

[Azafrani]

Thank you for your responses.

We had the the domestic violence hearing and the judge would not concede a permanent one until the civil matter was settled.Instead he extended the protection. My ex said I was doing the injunction for money(to get out of paying) but I was never even served I had no idea.

at this moment I've haven't been served, but the judge did tell me about the small claims matter during the hearing.