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Question about texts and lease in court when a roommate skips out on lease, Thanks!

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NMscott

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

Hello,

Let me start off by saying thank you for taking the time to read my post. Its been a very stressful time and need legal advice about small claims court (No lawyer wants to give me a free consult when they are needed there :/).

Well to cut straight to the chase, My wife, a roommate, and myself live in a 1400 a month apartment. Me being 23, cannot afford this place alone, which is why a roommate was acquired. We have all lived together for 1 year and a half until one day while my wife and I were visiting family, he up and left with out telling us or anyone. He dropped off his key and a note to the front office under their door and that was it. We came back to a half empty house confused.

He had previously gotten a DUI a few weeks before and was going through a stressful time, but he still drink and drove after that. Then when he got fired for stealing at work, his mommy and daddy had to give him money. But as far as i knew he got another job.

I want to take him to small claims court to get the rest of the rent owed to us, as we have had to borrow money from family just to make it through the lease, and no one wants to move into a apt. for 4 months.

So there are 2 questions i need desperately answered, and thanks in advanced:

1.) I heard i cannot take him to small claims court until i paid for the full lease and its done and over, which means i cannot take him to court for another 3 months because thats when my lease is over. I heard this is because you cannot sue for money you haven't spent yet. Is this true?

2.) I also heard that even though it was just mine and his name on the lease, that the judge wont assume that we split the rent and he could say he paid 1 dollar a month. I figured it was common sense if 2 people moved into a apt that they split rent, but i guess not. Anyways, i have text messages from him accepting that we would both split the rent half way. Can texts be used in court?


Thank you very much for your time, and if there is any possible way i can open a court case and serve my old roomate ASAP before the lease is over, please let me know.

Summary:
I would like to know if text messages can be used in small claim court, and if i can take a roommate who skipped out on rent to court before my lease is ov
 



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