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Roommate not on lease but i have a promissory note

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mblack24cummins

Junior Member
I live in texas, my ex-roommate didnt have his rent money and really had no where else to go either, he does have a job as a mechanic, but his mother pays his rent still. On September 1st his mother took us to lunch and informed us that she was going to amsterdam for like 11 days at the end of the month and wouldnt would not be back home until October 9th... i knew right then that this was going to happen. well she leaves on her trip and doesnt leave him rent money at home for him, the 1st, 2nd, and then the 3rd (due date) rolled around and i told him i would pay for his half if he wanted me to and he could pay me when his mother got back... i knew it was weird when he tole me no, he said he would just pay the late fee... so he gets paid on the 5th while he was at work. i called up to the office to see how much he owes, it was 240 (rent) 200 (late) and then 30 dollars per day it was late after that. so it wouldnt be paid until the 6th. he gets off work to late. so i pretty much told him he owed me 500 for his rent with the late fee included and it was also another $241 (each) for the electric bill. so (741) dollars, he told me to F!!K off and i told him he wasnt taking anything from this apartment until i was either paid in cash or had a promissory note stating that he would pay me by 10/6/10 or he would get a title loan on his car to pay me. It is dated and signed by the date by both of us and signed again by both of us. And he left.... and he ignored me for several days. I had already decided to just drop it, because im a college student and dont want the bs drama. a few days after i spoke with him i went to my hometown for a weekend and came back and the apartment was broken in to. everything was gone pretty much accept my mattress. (guns, TV's, 3 computers, and several other things) and i realized they must have came through the window... the same window that he used to come in when he lost his key. he always told me that that one window wouldnt lock... well that was a lie, push it a little harder and it goes right on down. i just trusted him being my roommate for over a year. He was the only person besides me that knew about that. it had to be him. but i knew i couldnt prove it so i got new stuff. Yesterday morning it was cold and it must have killed the batteries in my truck. Me being a poor college student i just wanted to test them with my very expensive digital multi meter, GONE!! and then i remembered that he was using it to do some wiring on his car and must have ran off with it, and then i remembered he has my torque wrench also. I called and called him until i had enough of all this crap, so i drove up to his mothers house and he wasnt there so by god i talked to his mom and told her everything. She has caught him stealing from her house before so she believed it.

My only problem with taking him to a small case court is that he was not on my lease, but i do have some proof that he lived here, such as the promissory note just so happend to be on the back of his work schedule haha, some clothes are still here... and plenty of other people to back that up. I do know that the NOTE is legal. I know where he lives now and the address there, i also know where he works at.

what do i do???
 


swalsh411

Senior Member
Did you file a police report about the break in?

You're a "poor college student" but you could afford to replace guns, TV's, and computers? :confused:

I would stay away from this trainwreck of a person if I were you. Next time him or his cronies break in you might be home and things could get very ugly.

You could sue him, but does he have any money?

You are responsible for the late fees not him.
 

mblack24cummins

Junior Member
thanks

yeah i reported them stolen, One of them was just a ruger 357 mag, but the other one was a Browning double barrel 20g and about 40 years old and brand new still. its been in my family since it was new. and no i didnt replace them, on account that the 20g was appraised at almost $7,000. Technically im pretty sure im liable for all of it if i didnt have the NOTE he signed, but hell no i wasnt paying for tha late fee either... mine was on time. He moved back in to his mommys house, hes 25 years old... I talked to a lawyer and he thinks i have a pretty good case even with him not being on the lease. He also put a restraining order against me a couple days ago, all i was doing was what every site sais, try to work it out, then take it to court. He seems to be pretty sure hes gonna win. he told me pretty much that he would just lie lie and lie, and he said he could just tell them he never even lived there. When he said that i quickly showed him that the only thing he didnt know, was that i was searching for paper to write on while he was loading his **** up and i just grabbed his work schedule off the fridge and wrote it up on the back of it... HMMM could we call that proof?? i mean hell, i know the address he is living at now, i know where hes working... and i know where he banks at and i also do believe that he ledft some of his banking information here!!!
 

Banned_Princess

Senior Member
you can sue him for, and probably win the rent money he didnt pay.

I would sue him for 2 months just to be on the safe side, he didnt really give you proper notice did he. throw the late fees in, cant get an order for something you didnt ask for.

as for being poor with so many expensive toys, ask the court fees be waived. (thats an application you can submit at the time of filing the complaint. ) if you pay the fees, include that in the damages.
 

mblack24cummins

Junior Member
nice

No he didnt give me any notice at all, just showed up and loaded his stuff up and left. That was on the 5th of last month, the last i heard he was still driving around with all his stuff in his car still. I sure hope i can win, i just want to think about EVERYTHING i can pinch every little penny out of his pocket!! The Promissory stated that if he did not have the money to me the next morning that he would get a title loan on his green 1998 ford expedition. Is that bad for me now?
 

Banned_Princess

Senior Member
No he didnt give me any notice at all, just showed up and loaded his stuff up and left. That was on the 5th of last month, the last i heard he was still driving around with all his stuff in his car still. I sure hope i can win, i just want to think about EVERYTHING i can pinch every little penny out of his pocket!! The Promissory stated that if he did not have the money to me the next morning that he would get a title loan on his green 1998 ford expedition. Is that bad for me now?
no its not bad for you. winning might be the easy part. just because he was ordered to pay you, doesnt mean he will.

good luck.
 

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