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being sued for back rent- but have made payments?

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cdleiker

Junior Member
What is the name of your state (only U.S. law)? Colorado

Due to a domestic violence situation, I left the home I shared with then boyfriend. I had been advised by the police department to stay gone until things resolved themselves. They never did. There were 8 months left on the lease when I departed, and I was told by the ex boyfriend that all would be fine.
About 9 months ago, I started making regular payments to him- it was only 50 a month, but it was all I could afford.
The ex boyfriend began to harass me from last August on, coinciding with my payments- libeling me online, bullying friends and family, claiming it was all to get my address to file a suit (which he has had since I started paying him as the checks had it printed on it)
I filed for a permanent restraining order with the courts on 4/10 not to dodge what I owe, but to avoid the harassment. It was granted on 4/20. But in that time frame, I was served 4/17 to appear in court 5/21 for 7500.00 in small claims court. Rent should have only been 4600 over 8 months. The ex boyfriend also had moved someone into the home without my knowledge, and had removed my belongings from the home.
So, what I need to know is what my rights are in this situation, and how best to handle it. Any legal advice would be appreciated.
 


BL

Senior Member
Let the security at the court house know you have a restraining order on entry , or if no security , a Court Official.

Secondly , take your proofs to Court and/or bring up your defenses and hope the Plaintiff agrees ( as in moving in another person and when ).

Prove the rent amount.

Your belongings are a toss up .

First you need to prove you requested their return and were denied ( instead of abandoning them ).

Secondly , would be how much they're worth .
 

sandyclaus

Senior Member
More on the subject...

I also suggest that you consider a counter suit on the grounds of harassment. You have evidence of the harassment in the form of the restraining order and the testimony given there at the hearing.

If you can prove that he already had your address (on the checks) when he pursued, badmouthed, and bullied you thru your friends & family, you can add slander (and libel, if he did it in writing).

And if he had someone move in behind you, do you know if that person is paying rent? If they are, and they assumed your place in the lease (figuratively, not actually), then what they are paying should be deducted from any liability you have on your share of the lease rent balance. The idea here is that your ex cannot be unjustly enriched by getting rent from the new roomie AND holding you liable for it as well (no double dipping).
 

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