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Can I sue former roommate??

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Hi, My name is Anna and I am from Upstate, New York.

I own a house for which I have shared with roommates! My last roommate lived here for about three months without a lease and with the understanding that a 30-day notice was required by either party before moving out or being asked to move out. No security deposit was given. Her last month here she came to the house for only one night. She was staying at a boyfriend's home. Around the 30th of last her last month her boyfriend came over and said she was moving out and here is the rest of the rent money for that month (which was late). I told him the amount owed was actually $30.00 more and that I expected it along with the full payment of next months rent because of the thirty day notice agreement. I did however, also offer to refund the rent if I found another roommate! He said no problem if his girlfriend didn't pay it he would. The next day while I was out my roommate moved out and left the house key and $30.00 and took the note I left detailing my expectations and what was owed. She called a few days later telling me I would get the money she owed me a week later. Well...I have not gotten it and have been told by sources close to her that I will never get it and it now past due. I called several times leaving voice mail messages each time and no response. I am going to write her a letter and send it certified mail in an attempt to collect. What happens if I attemp to take he to small claims court her and she refuses to sign for or accept the legal paperwork?

Can I sue in small claims court with no lease? I do have witnesses that heard her say she would give 30 days. However, nothing in writing.

Can I also sue for late fees and overdraft fees I have been charged by her lack of payment? Can I sue for days missed from work due to stress and anxiety caused by her lask of payment?? I assume I can sue for the rent for this month based on our 30-day agreement. Correct?

What should I do??




Third Party

The following

If you think this is worth going to court for, then take her to court. Your witnesses will be helpful and may be enough despite your lack of a lease. Add the overdraft fees with the rent plus interests with the court cost. The worst that can happen is that they deduct the amount of the overdraft fees from the total amount for which you are suing.
Can you “sue for missed from work due to stress and anxiety caused by her lask of payment?”
Now that is ridiculous. If you are that stressed out over this, then you couldn’t handle a small claims complaint. It sounds like you are just trying to get money out of this person. Courts do not reimburse or allow you to sue for lost wages.

A$$ Saver aka…
I hope this is tidbit of fiction is helpful. I am not an attorney. Do not perceive this as legal advice. You should consult an attorney to answer your questions. Do not rely on this advice. Forget you ever read it. You are not a client. I am not an attorney. This is merely babble in the wind. Never use the advice as reasoning in court.

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