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Never trust "family"

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trowasmom

Junior Member
What is the name of your state (only U.S. law)? Alabama



I signed in to a lease for a two bedroom apartment with my husbands cousin. I was very skeptical about having a roommate but thought that since she was "family" I had nothing to worry about.

I paid the deposit, we signed the lease, and we received the key. The day before we were to move in, I was on my way to get the power turned on. I was informed at that time that she didn’t want to move in any more, but rather get an apartment with her boyfriend at the other end of town.

I could not afford the apartment by myself, but since I could not terminate the lease my son (2 years old at the time) and I stayed and tried to pay the rent as best we could. We had trouble from the get go. We went with out food, I was forced to get pay day loans to pay the rent, and my work suffered. About 5 months in I couldn’t go on. The rent fell into default and she started worrying.


She tried to go to the rental manager and say that she has never lived there and they need to take her name off of the lease. She was informed that if there was no one else to go on the lease that she could not get off because I did not make enough money to qualify for the apartment by myself (she made twice as much as me at the time). No other roommate was found and I was forced to leave the apartment, and break the lease, and try to beg my parents to come back home.


They are now perusing after her for the money (they haven't sent me anything), and she says that she is not paying a penny because she never lived there.


Do I have a case for small claims court, because without her negligence I would not have fallen behind in my rent payments and would have been able to keep my credit and financial situation stable?What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
Did the cousin *sign* the lease?

Also, your post is confusing. Why do you keep shifting between "she" and "I"?
 

trowasmom

Junior Member
Yes, she signed the lease. Her ID is on file, her pay stubs, and several documents she signed.


And the "she" is the roommate, the "I" is me. "She started worrying", is when the roommate started worrying that the late payments would hurt her credit.



Sorry if that was confusing.
 

Zigner

Senior Member, Non-Attorney
Yes, she signed the lease. Her ID is on file, her pay stubs, and several documents she signed.


And the "she" is the roommate, the "I" is me. "She started worrying", is when the roommate started worrying that the late payments would hurt her credit.



Sorry if that was confusing.
You are both liable, jointly and severally (look it up), for the FULL amount of the lease. It will hurt BOTH credit scores. You can BOTH be sued for it, and you can BOTH have a judgment entered against you for any amounts due.
 

trowasmom

Junior Member
I know that I am liable for my half of the amount due, and I fully expect to uphold that.

However, I am curious if I can take her to small claims court for the damage done to my credit and financial situation, and for her half of the rent that I was able to pay.
 

Zigner

Senior Member, Non-Attorney
I know that I am liable for my half of the amount due, and I fully expect to uphold that.
You don't get it. You are liable for the FULL amount of the lease. Did you look up the term "Jointly & Severally"?

However, I am curious if I can take her to small claims court for the damage done to my credit and financial situation, and for her half of the rent that I was able to pay.
You should be able to recover the rent she was supposed to pay.
 

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