mightymoose
Junior Member
Rent Share / Crazy ex-girlfriend story
What is the name of your state? CA
I don't know if I have any options here... I was sharing my apartment with my girlfriend for a little over a year. For most of this time I did not even ask her for rent. For the last 4 months or so she did split the rent with me. We had no written agreement regarding the terms of the rent.
On the first of the month she paid her share of rent. As I always do I immediately cashed her check, combined it with my half and paid the rent in full. A few days later she decided to move out because she was angry with me. I did not kick her out or even ask her to leave.
She now is suing me in small claims to recover a prorated portion of the rent she paid since she did not stay the full month.
She knew that without her half I was unable to pay the rent and would have had to move out, and by asking for the money back she is asking for money I do not have.
As I see it, this is no different than the typical "buyer beware" scenario... she paid for something and later regretted it. She should not have paid the month's rent if she was not going to stay for the whole month. After she left I even told her she may stay until the end of the month but the money was no longer in my hands.
She did not give any kind of notice that she was going to move out. However, we had no written or even a verbal agreement that notice had to be given although it seems like common knowledge and common courtesy that it is something that you need to do...
At the same time we had no agreement that I would ever owe her a refund of the rent she paid if she chose to move out.
It was not money paid TO me for rent... I did not profit from it. It was money paid THROUGH me to my landlord.
So... knowing this, is there anything for me to worry abou tin being sued? Is there a particular approach I should take as my defense when I have to appear?
To make matters worse she is claiming that I assaulted her and that is the reason she moved out... although it NEVER happened and she has no evidence or police reports to support her claim. I am worried that a judge will think I caused her to leave for safety reasons and order me to return the money.
If I am ordered to repay money that I don't have, what do I do?
What is the name of your state? CA
I don't know if I have any options here... I was sharing my apartment with my girlfriend for a little over a year. For most of this time I did not even ask her for rent. For the last 4 months or so she did split the rent with me. We had no written agreement regarding the terms of the rent.
On the first of the month she paid her share of rent. As I always do I immediately cashed her check, combined it with my half and paid the rent in full. A few days later she decided to move out because she was angry with me. I did not kick her out or even ask her to leave.
She now is suing me in small claims to recover a prorated portion of the rent she paid since she did not stay the full month.
She knew that without her half I was unable to pay the rent and would have had to move out, and by asking for the money back she is asking for money I do not have.
As I see it, this is no different than the typical "buyer beware" scenario... she paid for something and later regretted it. She should not have paid the month's rent if she was not going to stay for the whole month. After she left I even told her she may stay until the end of the month but the money was no longer in my hands.
She did not give any kind of notice that she was going to move out. However, we had no written or even a verbal agreement that notice had to be given although it seems like common knowledge and common courtesy that it is something that you need to do...
At the same time we had no agreement that I would ever owe her a refund of the rent she paid if she chose to move out.
It was not money paid TO me for rent... I did not profit from it. It was money paid THROUGH me to my landlord.
So... knowing this, is there anything for me to worry abou tin being sued? Is there a particular approach I should take as my defense when I have to appear?
To make matters worse she is claiming that I assaulted her and that is the reason she moved out... although it NEVER happened and she has no evidence or police reports to support her claim. I am worried that a judge will think I caused her to leave for safety reasons and order me to return the money.
If I am ordered to repay money that I don't have, what do I do?
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