Can I be sued twice ?

[nrosei]

Located in Ann Arbor Michigan.

I had signed a sublease agreement with 2 former roomates. I was under the impression that it was a month to month (the contract stated this exactly), and they thought it was a year lease (it also stated a total rent for the year).

Anyway, I moved out at the end of April 2003, but my former roomates claim the lease ends August 2003. So, we went to small claims court at the end of May 2003. The judge ruled in their favor, but there is no accelerated clause to get money for the entire summer, so he award them rent for May and part of june. (up until he sent the verdict).

My question is, can they now sue again for the same time period minus the money they already were awarded?






more background if needed: They have posted an ad for the room to sublet this summer since they know they have to mitigate their damages. They are asking 4x what anyone will pay in the area. I had found 8 potential subletters, but my ex-roomates denied this at the end of April. I gave them the info for these potential subletters, but they never contacted any of them. The magistrate also awarded them all utilities. He never questioned or asked for proof of the obserd amount ($210 total utilities/month) that they were asking.
I had also gotten 3 separate opinions from 3 separarate lawyers, and they all agreed that the contract is very ambiguous and one said it was clear to him that it was a month-to-month.
oh well.

 

[JETX]

"can they now sue again for the same time period minus the money they already were awarded? "
*** Yes, and no. They cannot recover for the same rents already awarded, but they can continue filing for additional months.

That is why you need to formlize the situation.

1) Send them a letter including ALL names and addresses of potential interested roommates.
2) Get a quick note signed by each of the interested parties stating their interest. This is to minimize the chance of the court just assuming you gathered names from the phone book.
3) Send the former roommates a copy of the ad and point out that they are asking FOUR times what you were paying (if that is in fact, correct).

Send the above by certified RRR mail and keep copies. All of them could be used to defend against their future claims.

 

[nrosei]

That is why you need to formlize the situation.

1) Send them a letter including ALL names and addresses of potential interested roommates.

****I actually made sure that every single conversation was documented over email. I have all email from interested subletters, and emails showing I forward them to my ex-roomates. He aknowedged this in court. He said he didn't reply, and the magistrate took note.

2) Get a quick note signed by each of the interested parties stating their interest. This is to minimize the chance of the court just assuming you gathered names from the phone book.

**** I have quotes from everyone stating that they were never contacted by my ex-roomates.

3) Send the former roommates a copy of the ad and point out that they are asking FOUR times what you were paying (if that is in fact, correct).

***They already know this now since we have been in court. He took note of the unreasonable rent. Also, I meant that the rent they were asking was 4x what the apartment would go for in the middle of the summer. All the student have found a place to stay by early May for the summer semester.



***The only defense they had in terms of not subletting, was that they said I was decieptful and had some year long scheme going on. I'm a student, and they knew I was graduating in april - we had discussed this. The day I found out there was a misunderstanding, I tried to work it out without any luck. The window of opportunity closed (all students had found a place to live) and so now they have a twice as much space.

 

[JETX]

"I actually made sure that every single conversation was documented over email. I have all email from interested subletters, and emails showing I forward them to my ex-roomates. He aknowedged this in court. He said he didn't reply, and the magistrate took note."
*** Emails don't count. It is far too easy to fake them by 'spoofing' addresses. Send hardcopy by mail, certified RRR.

"I have quotes from everyone stating that they were never contacted by my ex-roomates."
*** Who cares?? You have nothing to show that you even gave the rooommates their contact information, or to confirm that they even had an interest. So, you only have 'quotes' (in writing??) saying that someone didn't contact someone else. You don't have anything to show what, how, where, why, when, etc.

"They already know this now since we have been in court. He took note of the unreasonable rent. Also, I meant that the rent they were asking was 4x what the apartment would go for in the middle of the summer. All the student have found a place to stay by early May for the summer semester."
*** Again, doesn't matter what you think they know. It only matter what you will be able to present to the court if they take further action against you.

So, your choice. Be prepared in the event that they sue you again, or leave it to the court to determine... and you already know how that will turn out.

 

[nrosei]

and another opinion..

Hello, and thanks for you input on the matter! I would like to add that I recieved an email from an attorney I met with in the past, and he had the following to add:

"Nick,
I believe they have to present all their claims in one case under the "joinder of claims" rule, but I would have to look this up to give you a definitive answer. The judge just makes the best estimate of what the damages would be. This occurs in other areas of the law such as lost wages, when the person is still unemployed, and in the commercial lease situation where there are many years left to run.
If they sue you again argue under Michigan Court Rule 2.203 that they were required to join all claims they had at the time in that lawsuit. They did have a claim for the summer, because you had made it clear you would not be back, so they had their chance and the case should be dismissed."


Is the crazy talk, or a possibility?

 

[JETX]

That is possible, but it would be relying on the court to make that ruling and it might not do that.