• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

i need HELP!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jenn1084

Junior Member
What is the name of your state? California

I`ll try to make this as short as possible:
I moved in with two female roommates in July `04 and did not sign the lease, did not sign anything. My name/signature was not on any contract having to do with the lease of the apartment. The lease was until May `05. My boyfriend moved in with me (OK`d by roommates when I asked them, telling them i was unsure how long he would stay), living in my room and helping to pay rent. In Jan./Feb. `05 one of the roommates approached me saying my bf has stayed too long and would need to move out and I told her specifically if he moves out I would move out too.
At the end of March `05 my boyfriend and I found a new place and proceeded to move in on April 11th. My roommates argued with me that I needed to pay for the rest of April and the May rent even though I would NOT be living in that apartment anymore, saying that it is my responsibility.
They kept me up till 5 in the morning the Sunday before my move and "coerced" me into signing a promissary note that was informally typed up by one of the roommates that said:

"if borrower failed to make full payment of the principal ($930.50+utilities accrued from April 1-April 10) for a period of 10 days or more after the due date (October 9, 2005) thereof, the principal will be subjected to 5% per annum, compounded semiannually, and legal actions will be taken to secure the principle and interest. If action is instituted to collect this Note, the Borrower promises to pay all reasonable costs and expenses (including reasonable attorney fees) incurred in the connection w/ such action."

On the note, it also said if i found a "suitable" subletter, then the note will be null and void. I found multiple ppls willing to be subletters and when i followed up and called one of the people that were interested in subletting they told me that they called my roommates and my roommates told her "we aren`t interested in finding a subletter right now, we are going to work it out between the two of us."

The note is signed by one roommate and two other witnesses (the roommate`s boyfriend and the other roommate).

Is there any way this promissory note could be void?
I still feel like I shouldn`t have to pay for this part of the rent and it is really unfair.
* :mad: yes, I understand the stupidest thing I did was "give in" and sign the promissory note because I know I was NOT obligated to sign anything at all. But now that I have made that mistake, is there ANY way where I am NOT legally binded to pay her this money?
Could she take me to small claims court?

I know this was long. Thanks for reading and if anyone needs more details i`ll be glad to provide them.
 
Last edited:



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top