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Can an ex-roommate take me to small claims if..

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atv09

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

A roommate signed a lease with me only to back out 2 months later. When the end of the lease came around the landlord said she was keeping this person's "last month's rent" (carried over from their contract the year before) and the new roommate and myself were to pay the person who backed out for the last month. Is this person entitled to receive any money from me since they were in fault of the lease signed with me? I have slowly been making attempts at paying this to them, however it's been hard with just graduating college and just finding a full time job on top of other bills due. They gave me 12 days (non-certified notice) to pay what I owe in full or they will take me to small claims. I haven't NOT paid this person anything, I've been making attempts, mainly to just keep this person off my back and not have to deal with them anymore, even though I feel I shouldn't have to pay them anything. In the worst case scenario, by taking me to small claims couldn't they just say I have to pay them the remaining balance and we'll be stuck right back where we are now, having to make payments until it's paid in full? There's no way I have that kind of money laying around to just cough up at this point in life.
 


swalsh411

Senior Member
Sure he can sue you but the question is whether or not he would win. The fact that you have been paying him won't help your case. Based upon the information you provided I do not see how you possibily could owe him anything though since he was the one who broke the lease. Why are paying this person anything? Just because the landlord says you owe doesn't neccessarily mean you do.
 

atv09

Junior Member
You're right, I should not have even started paying this person back. At the time I just thought it'd be easier to pay it and not have to deal with them anymore, but I was wrong. I have saved all emails from the landlord for this very reason of a legal situation arising. If they took me to small claims should the landlord be present and would I personally have to pay any fees?
 

swalsh411

Senior Member
Anybody suing you, in order to win, would first have to establish that you owe them money and I don't think you do.
 

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