General Dispute

[crimtide]

Here is my issue. I was added onto a preexisting lease in August with 2 roommates i found through an internet ad. The lease started June 1. I lived in the place for 3 months, couldn't stand the roommate (he couldn't stand me). I told him i was going to leave and find a new roommate to replace me but he said he wouldn't let me off the lease unless i payed him for June and July rent (two months that he payed by himself and that i didn't owe him). He knew we never agreed to this but was just doing this so he could make some money off me leaving. At first i told him i wouldn't pay it and just stay (he called my bluff). So i wrote him a check, he signed the addendum and i put stop payments on the checks. I wasn't exactly sure what legal issues were involved at the time but now he said he was going to take me to small claims court. Now i never owed him the money and i have evidence of this but my legal qustion is if i wrote check and put stop payments on them (eventhough i don't owe him the money) will i lose in court?

Thanks a TON!!

 

[HomeGuru]

You owe the rent and did not pay it so you are guilty.

 

[crimtide]

how so

How exactly do i owe the rent for June and July when i was added to the lease in August?

 

[HomeGuru]

Re: how so

How exactly do i owe the rent for June and July when i was added to the lease in August?

My response: you don't exactly owe the rent for June and July. You owe 2 months rent which roommate called June and July rent but it could very well be called Nov/Dec rent or just plain rent (with no names of months specified) for 2 months.
Remember, you signed a lease and then threatened to move so you entered into a settlement agreement ie. contract. Roommate let you out of your lease in exchange for an "early lease termination" penalty equivalent to 2 months rent.
Then you did not live up to your agreement. When you put a stop payment on your check, you reneged on your contract thus leaving roommate with no "rent" payment. So when you state that you did not owe the rent for June and July because you were not there yet was true, but the fact remains that you agreed to pay for 2 months rent which equals the rent for June and July.
Therefore, my post stands.
You owe the rent and did not pay it so you are guilty.

 

[crimtide]

He wanted me out just as much as i wanted to leave. See i understand the argument your making and its a good one but i don't see how i owe anymore rent. He was forcing me to pay money i didn't owe him inorder for me to be replaced in the lease. I think i forgot to mention that i was replaced with another roommmate so he wasn't losing out on any rent. I guess i understand your agrument and your right, but i think he is going to take me to court because i put stop payments on the checks. I think he believes that i owe him June and July rent and that is what he will be suing me for. I don't believe i owe him for July or June rent at all so my question to you now is can i get in trouble for writing a check (basically making a promise to pay) and then putting a stop payment on the checks?

Thanks!

 

[HomeGuru]

I can't help your further because you keep changing the story.
Good luck to you.

 

[crimtide]

I was just trying to clarify my story. I was added onto a preexisting lease in August (the lease started in June). We didn't get along but he said he wouldn't let me off the lease unless i paid him for June and July rent (i didn't owe him that because he signed the lease by himself in June and didn't find roommates to live with him to August). Because he wouldn't let me out of the lease unless i paid him for July and June rent i wrote him a check for the amount he was asking for and he signed the addendum to the lease to "release" me. I put stop payments on the checks. I know i don't owe him the money he was asking for, he was just being a jerk and trying to make money on me before i left (he basically admitted to that). What i want to know is that if i write a check is that a promise to pay (no matter what i am paying for) and will i have to make good on the stop payment checks? All i know is that i don't or didn't owe him personally any money at all. I paid my rent directly to management, i am currently off the lease but the fact that i wrote the check and put stop payments on the check does this mean that i admitted to owing him money???