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Defending - no lease, sued for back rent

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Gill84ti

Junior Member
What is the name of your state? North Carolina.

I will try to give you all the details. This is going to be as unbias as possible, but I am also looking for the strongest legal case, not moral. So good luck.

I was living with a friend and his ex-girlfriend in charlotte for 4 months. I did not sign a lease, and I did not pay rent. I moved out there for school. He and his ex were on the lease, and I was just a temporary occupant (nothing written, no sub-lease, and the landlord did not know). The original plan was for his ex to move out, because she was pregnant with another guys kid, and then I was going to take over her lease. But he (the friend in charlotte) slept with my married sister and I immediately moved out.

After the fall out between him, I, the surrounding family members and friends. He is sueing me for over $2000 in some monetary justice. A sheriff delivered the summons to my parents house tonight. I believe it is a small claims court case. How does he have a case? There was no lease. No rental agreement. No signed contract of any kind. The only evidence he has on his side is a facebook message with "me" declaring a rental amount I would pay him... But he copied my messages, and got into my account with my username and password. Which he admitted to in an AOL instant message to my sister, and his ex-girlfriend emailed me the messages he copied.

I can understand the moral obligation to pay someone if u were living with them. And I wish the situation was different today. But legally.... can he sue? Again there is no lease. no contract. nothing signed, or even listing me as an occupant, or even living in charlotte. Only he and his ex are on the lease. The only proof, or evidence he could use (although, im not sure if its legal) is the facebook messages.

Any advice? Comments? Suggestions... Other than get new friends, trust no one, and grow up... be responsible.

-Hoping for legal advice
--Gill
 


Hot Topic

Senior Member
{Quote}The only evidence he has on his side is a facebook message with "me" declaring a rental amount I would pay him... But he copied my messages, and got into my account with my username and password. Which he admitted to in an AOL instant message to my sister, and his ex-girlfriend emailed me the messages he copied.{Unquote}

This isn't clear. Are you claiming that he stole your username and password and pretended to be you on Facebook? What was the nature of the messages he copied? How do those translate to a claim that you agreed to pay rent?
 

Gill84ti

Junior Member
He got into my facebook account and copied messages between my sister and I. He did this because he was pursuing her, and I was trying to stop it... By making sure my sister knew of his indiscretions with his ex, and that she (my sister) is married... sooo not a smart idea. He could have wrote a message stating rent that i would pay, but I did not write such a message. But he is claiming I did. The amount, and the message he has makes no sense... Considering there were three of us living there... But it has me agreeing to pay for half the rent. (Which means his ex is living for free.... wierd?) I don't see how a facebook message could hold up in a civil case... Especially one that is altered, and he had access too.... But I dunno. If it admisable, then what should I do? Can I use the AIM messages as to proof that he got into my facebook account? and emails from his ex-sending me the proof? ... Do I need their affidavidt (sp*)? Or the neighbors stories in writing of his abuse to her... and how the situation became unlivable because of his tantrums, and abuse with his ex... and then him sleeping with my sister, so i left.

I know dates, and times of the 4 abuse incidents. Also when the cops came for domestic violence distrubance... and when we had to take his ex to the emergency room for alcohol poisoning....

I know these stories and incidents have nothing to do with back rent/money. But it explains why i left so quickly, and why he is so bitter. I feel the mental disress, and complications that came with me staying there explain why i left. But he claims i owe him back rent.

I believe he has two new roommates, 2 guys... but it is he and his ex that are still on the lease. She hasnt, and cant pay rent.. so maybe this is a way for him to get money back? I just am not sure. This is all very confusing, and I don't believe it is fair or right. I hope that helps.
 

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