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Can I claim extra money from roommate?

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lauragreen

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

I had a roommate who had to be evicted after not paying rent for months. He was not paying for utilities or internet on the apartment, but since we both lived there both of us were using internet and utilities. If I go to small claims court, I know I can claim for the rent owed. Can I also claim for 1/2 of utilities and internet? Because I had to make up for his lack of paying, it set me behind financially, since I was paying 100% of rent, AND utilities, AND internet, because we moved in under the pretense that he could pay rent on time, in which case paying for utilities and internet wouldn't be an issue.

Is this possible, or will a judge basically say 'too bad'? Is there a way I can phrase this, or "legal speak" that would describe this?

The reason I want half of these now is that if he pays what he owes in rent, that helps, but doesn't make up for the amount I struggled during those months he wasn't paying, and that is something I am still trying to catch up with.
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California (Southern)

I had a roommate who had to be evicted after not paying rent for months. He was not paying for utilities or internet on the apartment, but since we both lived there both of us were using internet and utilities. If I go to small claims court, I know I can claim for the rent owed. Can I also claim for 1/2 of utilities and internet? Because I had to make up for his lack of paying, it set me behind financially, since I was paying 100% of rent, AND utilities, AND internet, because we moved in under the pretense that he could pay rent on time, in which case paying for utilities and internet wouldn't be an issue.

Is this possible, or will a judge basically say 'too bad'? Is there a way I can phrase this, or "legal speak" I can use to make this sound better?

The reason I want half of these now is that if he pays what he owes in rent, that helps, but doesn't make up for the amount I struggled during those months he wasn't paying, and that is something I am still trying to catch up with.
If there was no agreement for him to pay half of the internet and utilities, then he didn't have to pay half the internet and utilities. It's a bit slimy to try to claim that amount now...
 

lauragreen

Junior Member
If there was no agreement for him to pay half of the internet and utilities, then he didn't have to pay half the internet and utilities. It's a bit slimy to try to claim that amount now...
Not sure that's slimy... I'm not trying to do it out of spite. :( Rent is really expensive, and he said he could pay when he couldn't. I had to make up for his cost...that hurt my bank account badly. I think it was more slimy of him to tell me he could pay, when he was just looking for a free place to stay. I'm still trying to make up the dent it put :(


Edit: For example, you are charged a late fee with a company if you miss your payment. The bank charges you for the days you don't pay them back. Why is this slimy? I've had to work extra shifts, sell some of my own things, and even borrow money to make up for the promise he didn't keep...it feels like the original agreement is void when he broke it, i.e. we agreed he would pay on time, right?
 
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Zigner

Senior Member, Non-Attorney
Not sure that's slimy... I'm not trying to do it out of spite. :( Rent is really expensive, and he said he could pay when he couldn't. I had to make up for his cost...that hurt my bank account badly. I think it was more slimy of him to tell me he could pay, when he was just looking for a free place to stay. I'm still trying to make up the dent it put :(
I was only commenting on your actions...
 

Ohiogal

Queen Bee
:confused:

You saw my post & instead of trying to answer my question you decided to comment on your opinion of my actions?? Not very nice. :/ Not helpful.
YOU cannot charge him for internet/utilities if you take him to court. that was not the contract. The contract was for rent.
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? California (Southern)

I had a roommate who had to be evicted after not paying rent for months. He was not paying for utilities or internet on the apartment, but since we both lived there both of us were using internet and utilities. If I go to small claims court, I know I can claim for the rent owed. Can I also claim for 1/2 of utilities and internet? Because I had to make up for his lack of paying, it set me behind financially, since I was paying 100% of rent, AND utilities, AND internet, because we moved in under the pretense that he could pay rent on time, in which case paying for utilities and internet wouldn't be an issue.

Is this possible, or will a judge basically say 'too bad'? Is there a way I can phrase this, or "legal speak" that would describe this?

The reason I want half of these now is that if he pays what he owes in rent, that helps, but doesn't make up for the amount I struggled during those months he wasn't paying, and that is something I am still trying to catch up with.
If there was a written lease agreement that included utility costs and internet costs separate from the rent, you could potentially collect half of those costs from the roommate.

If the written lease agreement was silent on utility costs and internet costs, you could try to collect half of those costs from the roommate. You should have receipts for all utility and internet costs during the time of the roommate's tenancy to support your demands for reimbursement.

If this was an oral agreement, and you offered the guy a place to live in exchange for X dollars a month, you will not only have a more difficult time claiming the roommate owes you money for rent, you will also have a more difficult time claiming the roommate owes you half of the cost of utilities and internet.

The internet costs would be the same for you whether you had a roommate or not, and you would also have water and electrical costs whether you had a roommate or not (although the latter costs would arguably be higher). Without a written agreement stating otherwise, the roommate could also claim the utility and internet costs were included in the rent.

So, what did the lease say on all this?
 
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Ohiogal

Queen Bee
:confused:

You saw my post & instead of trying to answer my question you decided to comment on your opinion of my actions?? Not very nice. :/ Not helpful.
Your agreement dealt with rent. NOT utilities and internet. YOU HAVE NO RIGHT to sue him for that. It was not a contract to pay utilities and internet. You can sue ONLY for what you can prove a contract.
 
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Ohiogal

Queen Bee
If there was a written lease agreement that included utility costs and internet costs separate from the rent, you could potentially collect half of those costs from the roommate.

If the written lease agreement was silent on utility costs and internet costs, you could try to collect half of those costs from the roommate. You should have receipts for all utility and internet costs during the time of the roommate's tenancy to support your demands for reimbursement.

If this was an oral agreement, and you offered the guy a place to live in exchange for X dollars a month, you will not only have a more difficult time claiming the roommate owes you money for rent, you will also have a more difficult time claiming the roommate owes you half of the cost of utilities and internet.

The internet costs would be the same for you whether you had a roommate or not, and you would also have water and electrical costs whether you had a roommate or not (although the latter costs would arguably be higher). Without a written agreement stating otherwise, the roommate could also claim the utility and internet costs were included in the rent.

So, what did the lease say on all this?
Apparently she didn't like what I stated. From the sounds of things she wants to change the "contract" because she is upset with how it went. And if she wants to charge it as a late fee -- like a bank -- she needed to put it in writing and have a WRITTEN CONTRACT.
 
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lauragreen

Junior Member
If there was a written lease agreement that included utility costs and internet costs separate from the rent, you could potentially collect half of those costs from the roommate.

If the written lease agreement was silent on utility costs and internet costs, you could try to collect half of those costs from the roommate. You should have receipts for all utility and internet costs during the time of the roommate's tenancy to support your demands for reimbursement.

If this was an oral agreement, and you offered the guy a place to live in exchange for X dollars a month, you will not only have a more difficult time claiming the roommate owes you money for rent, you will also have a more difficult time claiming the roommate owes you half of the cost of utilities and internet.

The internet costs would be the same for you whether you had a roommate or not, and you would also have water and electrical costs whether you had a roommate or not (although the latter costs would arguably be higher). Without a written agreement stating otherwise, the roommate could also claim the utility and internet costs were included in the rent.

So, what did the lease say on all this?
Gotcha. I'll need to double check the lease, but pretty sure it doesn't say anything specifically about 'who' must pay utilities, since the charges aren't included in the rent, they are with the water / power department. Again, not 100% on this.

It is written in the lease that he had to pay 1/2 of the rent. I have proof that he hasn't paid any rent, as well as all the statements / receipts from utility companies, internet, etc. I guess I definitely couldn't argue the internet since that doesn't change based on usage, but as you point out the utilities does.

So, it seems like ultimately it is more a matter of contract and written agreement, right? If it isn't specifically stated, I can't ask for that amount, regardless of the extra costs I acquired from having to pay his shares?

Thank you for the help.
 
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quincy

Senior Member
Gotcha. I'll need to double check the lease, but pretty sure it doesn't say anything specifically about 'who' must pay utilities, since the charges aren't included in the rent, they are with the water / power department. Again, not 100% on this.

It is written in the lease that he had to pay 1/2 of the rent. I have proof that he hasn't paid any rent, as well as all the statements / receipts from utility companies, internet, etc. I guess I definitely couldn't argue the internet since that doesn't change based on usage, but as you point out the utilities does.

So, it seems like ultimately it is more a matter of contract and written agreement, right? If it isn't specifically stated, I can't ask for that amount, regardless of the extra costs I acquired from having to pay his shares?

Thank you for the help.
Who lined up the tenant for the apartment, by the way? Was this a friend or acquaintance of yours or did the landlord place the tenant in the apartment?

Oral agreements can be legally binding but proving the existence of an oral agreement can be difficult and proving the terms of an oral agreement can be difficult.

If the lease was silent on internet and utility costs, then it becomes possible for you to claim the roommate owes you half of all utility costs, based on an oral agreement with the roommate or based on the natural assumption that roommates will share in all costs of living in the rental. But, without a written agreement, it is possible for the roommate to claim that he doesn't owe anything because you agreed to take on the cost, or whatever other claims he wishes to make. There is nothing in writing to say what was agreed to so it becomes a matter of who is more believable.
 
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lauragreen

Junior Member
Who lined up the tenant for the apartment, by the way? Was this a friend or acquaintance of yours or did the landlord place the tenant in the apartment?

Oral agreements can be legally binding but proving the existence of an oral agreement can be difficult and proving the terms of an oral agreement can be difficult.

If the lease was silent on internet and utility costs, then it becomes possible for you to claim the roommate owes you half of all utility costs, based on an oral agreement with the roommate or based on the natural assumption that roommates will share in all costs of living in the rental. But, without a written agreement, it is possible for the roommate to claim that he doesn't owe anything because you agreed to take on the cost, or whatever other claims he wishes to make. There is nothing in writing to say what was agreed to so it becomes a matter of who is more believable.

He was an acquaintance of mine. I guess it's just not worse the extra time / effort to try and prove oral agreement...apparently I am not a very sympathetic person, judging by reactions on this forum haha. Thanks again.
Out of curiosity, If I were to claim for the full amount (including utilities, internet, etc), would the judge be able to say 'no' to part of the claim? Like, could the judge say "okay, you owe for the rent, but not the rest of it" or is it sort of a package deal that I'm just safer cutting my losses and trying for the rent alone?
 
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quincy

Senior Member
He was an acquaintance of mine. I guess it's just not worse the extra time / effort to try and prove oral agreement...apparently I am not a very sympathetic person, judging by reactions on this forum haha. Thanks again.
Out of curiosity, If I were to claim for the full amount (including utilities, internet, etc), would the judge be able to say 'no' to part of the claim? Like, could the judge say "okay, you owe for the rent, but not the rest of it" or is it sort of a package deal that I'm just safer cutting my losses and trying for the rent alone?
You can sue for the full amount you feel is owing (the rent, the utility costs, the internet cost), as long as you can support each amount you are claiming with receipts. The judge can award you rent and say the utility and internet costs are on you, or the judge can agree with you that the roommate is responsible for half of all expenses incurred as a result of living in a shared unit.

Again, when agreements are not in writing, demonstrating there was an agreement at all becomes more difficult. It seems reasonable to me that the roommate would be responsible for half of all utility costs and, if he used the internet, half the cost of the internet, as well. It would be rare for one roommate to take on the responsibility of paying all costs of the rental for all of the others. The judge could see it the way I do or he could see it as Ohiogal and Zigner see it. It can be on the roommate to argue anything different. I am not sure any argument he could present would be convincing - but, again, when agreements are not in writing, it can come down to whose story is more believable.

It is important for you to know that, even if a court awards you all costs - or even reimbursement for the rent alone - if the roommate does not have any money, you could find it very hard to collect from him any of what is owed. Getting a judgment is one thing. Collecting on it is an entirely different matter.

Good luck.
 
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