Apt. Lease Small Claims?

[coachfernandez]

What is the name of your state? North Carolina

For 4 months I lived in an apt. with someone. Both our names were on the lease and her's was the top name on the lease. I paid the deposit on the apt. and all of the rent for 12 months. She lived in the apt. the first 4 months of the lease then left and never paid anything for rent or bills or the deposit. I'm looking to find out if I can take her to small claims court for my deposit back and 1/2 months rent for the four months she resided in the apt. Thanks.

-David

 

[JETX]

I'm looking to find out if I can take her to small claims court for my deposit back and 1/2 months rent for the four months she resided in the apt.

1) Deposit: How did she get your deposit??
2) Rent: Though you can certainly file a lawsuit against her (after all, anyone can sue almost anyone else over almost anything), you have NO case against her to try to recover the rent you paid due to YOUR obligation to pay.

 

[athenanike]

You probably can if you produce bills you paid and the old checks/money orders cashed from those vendors. But As long as you were paying the apt. complex they really have no say in what goes on in the household, just as long as they get theres. You have to have a roomate agreement.
I had a situation where because my roomate stayed in the unit, they would not release the deposit until she moved. Almost 3 years later when she did, something told me to dig up my copy of the lease and show I was entitled to half the deposit (about $200+interest), but I thought no, she'll make sure I get my half, plus my name is on the original lease, and I still lived in the community so they know where to find me. 3 more years later I have yet to see a dime from this woman.

 

[JETX]

You probably can if you produce bills you paid and the old checks/money orders cashed from those vendors. But As long as you were paying the apt. complex they really have no say in what goes on in the household, just as long as they get theres. You have to have a roomate agreement.

Are you even reading the same post as the rest of us?? Because your feeble attempt at a response is full of crap.

 

[coachfernandez]

Because her name was the primary name on the lease, the complex gave her a check for the deposit even though I'm the one that paid it and was on the lease too. I'm not seeking full rent pay just half of the months she lived there due to her being the primary person on the lease. Do I still have no case? Thanks.

 

[JETX]

Because her name was the primary name on the lease, the complex gave her a check for the deposit even though I'm the one that paid it and was on the lease too. I'm not seeking full rent pay just half of the months she lived there due to her being the primary person on the lease.

I guess I am confused as your continuing to say that one tenant is a 'primary', implying that the other is somehow secondary or not as liable. It makes NO difference as to whose name is first or last on a co-tenant lease.

Do I still have no case?

And of course, that is NOT what you were told.
"Though you can certainly file a lawsuit against her (after all, anyone can sue almost anyone else over almost anything), you have NO case against her to try to recover the rent you paid due to YOUR obligation to pay."
Can you understand that pretty simple concept??