Recovering Lost Rent Money

[KirbyTails]

State - Wyoming

I'll try and make this as formal as possible.

My ex-boyfriend and I signed a lease together. Eventually, we broke up and he moved out, though his name remained on the lease. He didn't pay the last six months of rent, and now I want to go after him to get that money back.

The stumbling block is that I technically "kicked him out" because he was harassing me - going through private conversations, emotional abuse, and one instance of stalking. Now, when I say I "kicked him out", I told him he had until the end of the month to leave, then changed my mind (again, since he was on the lease). When I did, he told me he would only stay and continue to pay rent if I had sex with him twice a week, and also gave me a bunch of other "rules" I would be expected to follow (certain people wouldn't be allowed over, I wouldn't be allowed to talk to other people out him, etc.). I refused and he moved out.

He maintains to this day that he owes me nothing because I "kicked him out". If I were to go after him in small claims, could he use this as a legitimate defense despite the fact that he was never removed from the lease? Could he later turn this around and use this to get his share of the last month's rent back from me (which he never asked me to return)?

I tried calling both lawyers in town who do free consultations to ask about this, as well as my university, which offers free legal advice to students - two said they pretty much wouldn't talk to me, while the University Law offices couldn't help me because they won't take cases against other University students. So I'm a little lost on who to talk to.

In addition, can I still file a claim even if the lease ended over a month ago?

 

[tranquility]

You can try to sue him in small claims court and let the judge decide. However, you may be the one in breach and he just mitigated his damages.

While I don't think you have a statute of limitations problem, there are a lot of fact issues here. Personally, I don't think he owes you rent. But, he is jointly and severally liable for the lease you paid so it is possible you get something. It will be nasty and brutish and unless you really need the money I wouldn't do it. It is unlikely an attorney will take this on contingency. The money is not that great and the result is uncertain. Especially if this gets removed from small claims, there is a lot of issues to resolve that will take too much time for any attorney to litigate it unless you pay up front. Even then, the true cost to litigate would be more than the damages warrant.

 

[KirbyTails]

To be honest, this is less about getting the money and more about standing up to him. I got the deposit back on the apartment, but the check was both in his name and mine. I called and asked if he would some with me to the bank and sign on the deposit, and he basically said he thinks he's entitled to some of it (despite the fact that he left after minimally cleaning his messes and without even so much as helping me look for another roommate - I searched for months for somebody to replace him to no avail) and was incredibly rude, condescending, and continued to play the victim. Even if I got 10% of what I asked, I just want to send him the message that I'm tired of him treating me like crap and acting like it's my fault, and I will defend myself. And this seems like the best way to do it.

For clarification, what exactly does it mean to be the one "in breach"?

 

[Silverplum]

To be honest, this is less about getting the money and more about standing up to him. I got the deposit back on the apartment, but the check was both in his name and mine. I called and asked if he would some with me to the bank and sign on the deposit, and he basically said he thinks he's entitled to some of it (despite the fact that he left after minimally cleaning his messes and without even so much as helping me look for another roommate - I searched for months for somebody to replace him to no avail) and was incredibly rude, condescending, and continued to play the victim. Even if I got 10% of what I asked, I just want to send him the message that I'm tired of him treating me like crap and acting like it's my fault, and I will defend myself. And this seems like the best way to do it.

For clarification, what exactly does it mean to be the one "in breach"?

"Fault" means wrongful act, omission, breach, or default. WY Statutes online. Google is your bestie.

Are the WY courts really the place to let your X know you are woman, hear your roar?

 

[CSO286]

To be honest, this is less about getting the money and more about standing up to him. I got the deposit back on the apartment, but the check was both in his name and mine. I called and asked if he would some with me to the bank and sign on the deposit, and he basically said he thinks he's entitled to some of it (despite the fact that he left after minimally cleaning his messes and without even so much as helping me look for another roommate - I searched for months for somebody to replace him to no avail) and was incredibly rude, condescending, and continued to play the victim. Even if I got 10% of what I asked, I just want to send him the message that I'm tired of him treating me like crap and acting like it's my fault, and I will defend myself. And this seems like the best way to do it.

For clarification, what exactly does it mean to be the one "in breach"?

That you are in violation of the contract terms.

 

[Zigner]

To be honest, this is less about getting the money and more about standing up to him. I got the deposit back on the apartment, but the check was both in his name and mine. I called and asked if he would some with me to the bank and sign on the deposit, and he basically said he thinks he's entitled to some of it (despite the fact that he left after minimally cleaning his messes and without even so much as helping me look for another roommate - I searched for months for somebody to replace him to no avail) and was incredibly rude, condescending, and continued to play the victim. Even if I got 10% of what I asked, I just want to send him the message that I'm tired of him treating me like crap and acting like it's my fault, and I will defend myself. And this seems like the best way to do it.

For clarification, what exactly does it mean to be the one "in breach"?

It seems to me like you enjoy the drama. If you truly wanted to be through with this guy, you would welcome the chance to say "good riddance!", even if it were to cost you a few dollars.

 

[Silverplum]

The very beginnings of what you will need to learn and know to sue in small claims. Yup, I googled it right on up: http://www.courts.state.wy.us/CourtRules_Entities.aspx?RulesPage=SmallClaimsCases.xml.

 

[KirbyTails]

At this point, I think so. He doesn't listen to reason. His friends have threatened me (in one instance, in front of professional colleagues, nonetheless!). I suspect he stole some miscellaneous items that, while the monetary value wasn't great, were very important to me for various reasons. He tried to turn our mutual friends against me (and it worked with some of them). I won't even go into certain buildings on campus because of him. I've racked my brain trying to find other ways of standing up to him and letting him know I won't sit and take it anymore, and sadly, this seems like the way to go. Though I do understand the concern. I'm afraid of him retaliating, or charming the judge with his overly-polite mannerisms, or something. But what else is there?

 

[Silverplum]

At this point, I think so. He doesn't listen to reason. His friends have threatened me (in one instance, in front of professional colleagues, nonetheless!). I suspect he stole some miscellaneous items that, while the monetary value wasn't great, were very important to me for various reasons. He tried to turn our mutual friends against me (and it worked with some of them). I won't even go into certain buildings on campus because of him. I've racked my brain trying to find other ways of standing up to him and letting him know I won't sit and take it anymore, and sadly, this seems like the way to go. Though I do understand the concern. I'm afraid of him retaliating, or charming the judge with his overly-polite mannerisms, or something. But what else is there?

Irritating the snot out of him by taking him to court, and on a weak "case," at that. That'll solve things.

 

[Silverplum]

A University student, with "professional colleagues."

I love the new math.

 

[Ohiogal]

So can you prove you tried to mitigate your damages and get a new roommate? If so, how? Where did you advertise? Would you have accepted a male roommate? How were you advertising?

 

[tranquility]

At this point, I think so. He doesn't listen to reason. His friends have threatened me (in one instance, in front of professional colleagues, nonetheless!). I suspect he stole some miscellaneous items that, while the monetary value wasn't great, were very important to me for various reasons. He tried to turn our mutual friends against me (and it worked with some of them). I won't even go into certain buildings on campus because of him. I've racked my brain trying to find other ways of standing up to him and letting him know I won't sit and take it anymore, and sadly, this seems like the way to go. Though I do understand the concern. I'm afraid of him retaliating, or charming the judge with his overly-polite mannerisms, or something. But what else is there?

As one member has as her signature, lawsuits are not about justice, they are about money. If he is still acting in a harassing way to you today, I'm sure the campus has a process to go through to give yourself protection from his behavior. As well, you can get a restraining order. But, you've not really alleging any current behavior that would lead to such remedies.

As to the lawsuit, both parties get to speak and I don't think you will get any satisfaction there. As I said, you might be in breach and he can countersue you for his damages. You could end up owing him money and not he you. How empowering would that feel?

The opposite of love is not hate, but indifference. Trust me, if you are indifferent to him it will hurt him more than anything you are planning. Continuing to want to be engaged (as in interact) with him is not a sign of strength, but weakness. Go on with your life, use the buildings you want, ignore him (Without "ignoring!" him. Just go about your business as though he is not there.), get good grades and be happy. Nothing will cheese him off more. Promise.