Could use a little advice

[rpop10]

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

I'm sorry if this is hard to understand, but I will explain what happened to me, and would appreciate any help that I can get.

I lived with and paid for an apartment with my ex-girlfriend for a year. She was unemployed at the time, and could not help with the rent($750/month). I also paid for the security deposit($750). I said okay, I can help you until you get back on your feet, but we had the understanding that she would help out when she got a job. Fast forward 6 months and she started a new job(making more money than me). At that point, I found a new girlfriend and she went crazy. I ended up moving out, but kept paying the bill until my year lease was over. She ended up staying in the house after my lease ran out, and asked me if she could keep my security deposit until she paid off a few more bills. Being the nice guy I am, I said yes.

Now, it is 9 months later, and she has ceased all form of communication with me when I asked for my money back. I wanted to know if this is something I could take her to court over, and if so, could I also ask for my security deposit plus half of the rent money from the entire lease?

Lastly, I have never tried anything like this, so what step would I need to take if it is plausible? And, what kind of evidence would it require?

 

[sandyclaus]

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

I'm sorry if this is hard to understand, but I will explain what happened to me, and would appreciate any help that I can get.

I lived with and paid for an apartment with my ex-girlfriend for a year. She was unemployed at the time, and could not help with the rent($750/month). I also paid for the security deposit($750). I said okay, I can help you until you get back on your feet, but we had the understanding that she would help out when she got a job. Fast forward 6 months and she started a new job(making more money than me). At that point, I found a new girlfriend and she went crazy. I ended up moving out, but kept paying the bill until my year lease was over. She ended up staying in the house after my lease ran out, and asked me if she could keep my security deposit until she paid off a few more bills. Being the nice guy I am, I said yes.

Now, it is 9 months later, and she has ceased all form of communication with me when I asked for my money back. I wanted to know if this is something I could take her to court over, and if so, could I also ask for my security deposit plus half of the rent money from the entire lease?

Lastly, I have never tried anything like this, so what step would I need to take if it is plausible? And, what kind of evidence would it require?

Reference also your other thread here: https://forum.freeadvice.com/debt-collections-84/debt-accured-being-cosigner-getting-my-credit-back-track-598490.html

She saw you coming from a mile away. As the nice guy, you took on, and KEPT taking on debt that she promised to repay, but of course she never did. Yet you kept on giving it to her. That was YOUR mistake.

In order to sue her to recover the rent and security deposit money, you'd have to prove that there was an agreement for her to repay. Did you ever get anything in writing from her to confirm the debt and the terms of repayment? If not, since you were a co-habitating couple, chances are pretty good that a judge would consider what you did for her to be a gift, as often occurs between romantic partners. If you can't prove that she ever promised to repay, you will have a difficult time proving that a debt is owed in front of a judge. All she has to say is that she never promised to repay, and that you just gave her these gifts, and you would have nothing showing otherwise. Case closed in favor of the defendant.

You seriously need to stop being so generous and giving. This is going to prove a VERY expensive lesson in finance for you, as the chances are excellent that you'll never see a dime of this money you so kindly handed over to her.

 

[BL]

The court might award you the security amount as your lease ended and she took on a new lease , using verbal agreement that she would repay it.

I'd try for over $700.00

Collecting is on you if you win.

It was your choice to move out, you did not have to.

I'm a bit confused .

You say you were living with your X- GF , but then say when you got together with a new one , the one you lived with went crazy.

Without repayment of rent in writing I doubt you will be awarded for that .

Include it if you like.

Be prepared for her to say the SD was a gift.

 

[latigo]

What is the name of your state (only help that I can get.

I lived with and paid for an apartment with my ex-girlfriend for a year. She was unemployed at the time, and could not help with the rent($750/month). I also paid for the security deposit($750). I said okay, I can help you until you get back on your feet, but we had the understanding that she would help out when she got a job. Fast forward 6 months and she started a new job(making more money than me). At that point, I found a new girlfriend and she went crazy. I ended up moving out, but kept paying the bill until my year lease was over. She ended up staying in the house after my lease ran out, and asked me if she could keep my security deposit until she paid off a few more bills. Being the nice guy I am, I said yes.

Now, it is 9 months later, and she has ceased all form of communication with me when I asked for my money back. I wanted to know if this is something I could take her to court over, and if so, could I also ask for my security deposit plus half of the rent money from the entire lease?

Lastly, I have never tried anything like this, so what step would I need to take if it is plausible? And, what kind of evidence would it require?

Whatever you decide to do with respect to this issue, please do not be influenced by SC’s typically negative response. She has never tried a lawsuit in her life!

You tell us that the ex is now stonewalling and refusing to discuss the money issues. So let me ask this.

In any of your previous discussions of the subject has she ever indicated that she considers your contributions for her share of the rent was in the form of a gift? And the same with security deposit. Any mention by her that the $750 was a gift and not a temporary loan?

Do you have any written communications in which the matter was discussed? Has she ever denied owing you?
______________

Now I don’t know if you are still on board or even interested in receiving some experienced advice, so I won't go on. But if you are, then give me a shout. Because in spite of Mrs. Wannabe’s amateurish haranguing I think you have a “ reasonably ” good shot at nailing her. Provided, that you properly prepare, organize and present the evidence with some semblance of professionalism.

 

[rpop10]

Whatever you decide to do with respect to this issue, please do not be influenced by SC’s typically negative response. She has never tried a lawsuit in her life!

You tell us that the ex is now stonewalling and refusing to discuss the money issues. So let me ask this.

In any of your previous discussions of the subject has she ever indicated that she considers your contributions for her share of the rent was in the form of a gift? And the same with security deposit. Any mention by her that the $750 was a gift and not a temporary loan?

Do you have any written communications in which the matter was discussed? Has she ever denied owing you?
______________

Now I don’t know if you are still on board or even interested in receiving some experienced advice, so I won't go on. But if you are, then give me a shout. Because in spite of Mrs. Wannabe’s amateurish haranguing I think you have a “ reasonably ” good shot at nailing her. Provided, that you properly prepare, organize and present the evidence with some semblance of professionalism.

She has never denied owing it, and I do have it written in a text message that she planned to repay me when she moved out of that apartment. She has also never made mention that the money was any sort of gift.

 

[latigo]

She has never denied owing it, and I do have it written in a text message that she planned to repay me when she moved out of that apartment. She has also never made mention that the money was any sort of gift.

That is good. Very good. If you plan on filing, let me know and I'll get back to you soon.