Taking Roommate to Court

[Rooster]

What is the name of your state? New York

Hello,

I am in the midst of trying to get my roommate to leave. In all appearances, it seems that she is leaving, having received a 30-days notice to vacate the premises. Over the course of the year that I have lived with her (Jan ’06 to the present), she moved her sister in. Basically, her sister lived in our apartment, without our permission, for the entire year. When we asked her to pay rent, our roommate’s sister refused and left the apartment on Jan. 1st 2007.

According to my estimation, the back rent owed is $3500, including an equal share of the cable bill & water bill.

My question is who is responsible for paying this back rent? Is it my roommate or her sister? Who is the appropriate person to take to small claims court?

Just as BG, I am in NYC. My roommate filed a bogus claim against me for $287.50. Not sure what it is for as the served paper does not indicate anything beyond breach of agreement. I suspect she is trying to get us to buy her furniture that she cannot move into her new place. I am filing a countersuit against her & wanna be sure who is responsbile, legally, for the back rent.

Thanks is advanced.

 

[seniorjudge]

What does the lease say?

 

[Rooster]

The roommate is not on the lease & we do not have a written agreement.

 

[seniorjudge]

The roommate is not on the lease & we do not have a written agreement.

Then sue everyone and let the court sort it out.

 

[Rooster]

Then sue everyone and let the court sort it out.

Thanks Senior Judge!

Any thoughts on materials that I should bring with me? I can get numberous people to sign affidavits stating that they knew she lived there is the roommate & the sister deny it (which they will).

 

[seniorjudge]

Thanks Senior Judge!

Any thoughts on materials that I should bring with me? I can get numberous people to sign affidavits stating that they knew she lived there is the roommate & the sister deny it (which they will).

Just make sure you are fully prepared and have enough to prove your case.

You don't win by bringing the most witnesses; dead horses should not be beaten.

 

[Rooster]

Just make sure you are fully prepared and have enough to prove your case.

You don't win by bringing the most witnesses; dead horses should not be beaten.

Thanks Much!

I really appreciate all your advice!
peace
Rooster

 

[Zigner]

Prove what case? What back rent?

It sounds to me like you were splitting rent two ways, but there was a third person involved who wasn't paying rent (making it a 3-way split). However, you never asked her for rent.
You can't let someone live there for a year and THEN ask them for rent. Your lack of action has sunk you.