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Small Claims Court-Rent Owed with no lease (Complicated)

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beauseph2004

Junior Member
Wisconsin

I currently live in Grant County, Wisconsin. Back in the fall of 2011, I was notified that I would placed in the Middleton School District to complete my student teaching requirements for the University of Wisconsin Platteville, the placement was to take place in the spring semester of 2012. Upon finding out this news at the beginning of September 2011, I needed to find a place to live for the spring. I asked my friends who had a home in Madison, and who were currently attending the UW-Madison, and were close friends of mine. (as for the last two years I had been going up there on some weekends to hang out and go to Badger football and basketball games, most of these visits happened in the Fall.) They had a room available as one of their roomates had moved out and had failed at finding another person to occupy the room. I asked if I would possibly be able to live up there starting in late January of 2012. I had talked to my friend W, who told me that would be fine as they didn't have anyone interested in the room, only one person had inquired about it. Since I would be coming up for a few weekends during the fall for Badger football games, I asked if I would be able to move a bed up there in the empty room to use for when I slept there as it was better than sleeping on the wooden floor in my friend W's room. At this time no lease was signed nor was there any talk of rent money or monthly rent being due. Keep in mind I had been going up there for quite sometime now, staying and going out with them and I always made sure to pay for food, pizza, drinks, etc in exchange for staying with them.

So I moved a bed up there, in the empty room to use on the few occasions I happened to spent the night. Throughout the entire fall of 2011 (September-December), I visited a total of 11 days, and only actually slept up there a total of 5 nights. I always bought food, drinks, picked up resturaunt bills, etc. Never ONCE did anyone ask me for rent money or any sort of payment for having a bed up there. Infact, a good friend of ours who also lived in Madison, would sometimes sleep in my bed when he would come over during the week and some weekends when I wasn't up there. They never once asked him for money either.

I received news in mid-December 2011, that a PAID student teaching internship opened up closer to home, and I would no longer be doing my student teaching in Middleton. At this time I informed W that I would no longer be staying up there, and while he wasn't thrilled about it, he said he understood and would have to talk to his dad who co-owned the house. Not once did he ask for money nor did the talk of money come up.

I didn't visit Madison again until mid April 2012. I did have contact with W and his other roomates and never once did they ask for rent or money. During my visit in April, I was approached by "A" who's Dad co-owns the house with W's Dad. A informed me that I screwed them out of money and that I owed them money and was very upset. I was confused because this was the first anyone had ever asked me for money or said that I owed money. I never once signed a lease or talked money with either of them.

This past December I received a letter from a local attorney stating that I was going to do my student teaching in Middleton, and when I decided to do it in Platteville, that I had asked for the room for weekends and I agreed upon $300 per month for the months of September through December 2011 (1. I didn't find out about Platteville's teaching opening until December, so why would I even ask for the room for weekends. So that statement is essentially made up and false. 2. Who in their right mind would agree to pay $300 a month for a room that I hardly used) They asked for $700 or else they would take me to small claims court. The document had both A & W's names on it. I called W and asked what it was all about and said that he really wasn't apart of it, it was A and his dad but his name had to be on it. W said he vaguely remembers us talking about $300 a month rent when we orginally talked in September when we were out at a bar, but wasn't fully for sure. I did not respond to the letter and now I am being taken to small claims court for the full $1200.

There was no lease signed, the other tenants in the house all signed leases. The house is located in Dane County Wisconsin, but the court case is in Grant County Wisconsin. This happened Fall of 2011, it is now Spring of 2013. I am very angry and upset. This is all stupid and for 7.5 months they never once asked me for a dime, but then come mid-april when I finally visit again, A asks me for money.

Any advice here, my case is on Monday and I'm not really for sure how to defend myself but to just state the facts.

Thanks!
 


mmmagique

Member
You probably should have paid the $700. They kept a room open for you for months before you were "officially" supposed to move in, but you used it as a convenient place to "flop" when it was convenient for you. If you would have rented a decent hotel room for five nights it would have cost you that much.

The only thing you can do Monday is state your case and hope the judge agrees with you.
 

beauseph2004

Junior Member
Well keep in mind I had been staying there for the past two years prior. Sleeping on the floor of my friend W's room or a couch. They did they for numerous people. Just not me. They had numerous months to fill the vacant room and found no one. The room was empty and not being used and had no one interested in the room. Thats why I asked if I could keep a bed in there to sleep on until I officially moved in. The school year had already started, the chances you are going to find a roomate once the school year started was slim to none. Also, if they wanted the money, why not ask me for it after the first month. If they were under the impression that I agreed to 300 a month, why not after a month or two ask for the money. If they would have done so then I would have ended it right then and there.
 

mmmagique

Member
Ok. That was nice of them.

I'm not the one you need to convince. It's the judge. Honestly, I could see it going either way, but my guess is, (s)he is going to give them some token sum, and, depending on your state's laws, you may be ordered to pay court costs, fees, and attorney fees.

Your best bet would have been to work it out before they went to an attorney, and kept the friendship intact. Your second best bet would have been to take the settlement offer. And now, you just really need to concentrate on making your case without any emotion (the judges don't care what you "thought" or what you "feel"...they just want the facts)

Good luck to you.
 

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