roommate trouble

[kittaboo]

I moved into an apartment with a high shcool friend and her cousin. before moving in she and I agreed to split deposit of $400 three ways. I payed $100, she payed $100, and said her cousin would pay $100 ( therefore eveyone had ~$33 left due). She and I agreed to split rent and utilities 2 ways, her cousin would buy grocieries. We payed 1st months rent. My name was on the lease but the land lord never brought it for us to sighn. 2 weeks into our stay she alerted me that the rest of the deposit was due and I owed $200. I refused to pay anything over $33.33, she theatened to kick me out, we fought, the next morning I went to a friends. In 2 days I came back she had the locks changed. I could not get all my stuff because I couldn't get in and she wouldn't answer door. Couple days later I come back, get some stuff, she had got phone call from my mother saying sell my computer and speakers to buy plane ticket home (My family had moved to conn.). She knew I had no family or any place to go I was staying with a friend. After getting what I could fit I a car there was no way I could get my computer,speakers,bed,dresser, or tv in that

trip. The next time I came back she had sold my computer speakers, damaged my bed,taken what she wanted of my clothes, taken prom pictures and other irreplacable personal items. I was stranded in Houston. I had to borrow the money for a ticket home. What can I be reembersed for? How can I prove that the stuff was mine to begin with? It was all given to me by my dad.

 

[Traceyelisabeth]

It sounds like she illegally evicted you. I believe you should sue this girl in small claims provided that the amount of money is appropiate for small claims, otherwise, you have a civil suit. You would have to provide receipts for your belongings. I would also sue for the balance of that months rent plus the deposit. I don't know what state this is in but you should check into punitive damages also. I do know that if you have moved out of state, you will have to sue in the state and county that the wrongful eviction took place.

 

[kittaboo]

to tracey

THANKS FOR YOUR REPLY! what are punative damages?

 

[Traceyelisabeth]

Basically punitive damages are monies awared for the pain and suffering you have endured. Not all states have punitive damages. I live in Washington State and we do not have punitive damages.

Best of Luck

 

[I AM ALWAYS LIABLE]

Basically punitive damages are monies awared for the pain and suffering you have endured. Not all states have punitive damages. I live in Washington State and we do not have punitive damages.

Best of Luck

My response:

Punitive damages are not "pain and suffering" damages. Pain and suffering damages are known as "General Damages".

Punitive damages is a sum of money awarded by the court to "punish" someone for "outrageous", "purposeful", "willful" and "knowingful" illegal acts, done with the "actual intent" to do physical and / or emotional harm; e.g., as in an assault and battery claim - - being placed in immediate fear of one's life.

Punitive damages are awarded to teach the wrongdoer a lesson that hurts; that such acts will not be tolerated by Society.

Not all bad acts rise to the level of punitive damages. There must be narrow circumstances that rise above the level of gross negligence.

IAAL

[Edited by I AM ALWAYS LIABLE on 01-18-2001 at 08:33 AM]

 

[Traceyelisabeth]

I AM ALWAYS LIABLE,

I did not say that punitive damages were pain and suffering damages. I said "Basically....monies awarded for the pain and suffering she has endured" Meaning to punish the other party. This was a generalization.

 

[I AM ALWAYS LIABLE]

I AM ALWAYS LIABLE,

I did not say that punitive damages were pain and suffering damages. I said "Basically....monies awarded for the pain and suffering she has endured" Meaning to punish the other party. This was a generalization.

My response:

Tracey, you don't know what you're talking about and you are misleading people, right and left.

Punitive damages are not "basically" anything. They are "specific" damages awarded to stop "outrageous conduct" and to "punish" someone for their wanton and willful acts for their complete unlawful indifference to the rights and / or safety of another person, and has nothing to do with "pain and suffering", or the amount of "pain and suffering" a person has "endured".

Realistically, a jury could award $1.00 for "pain and suffering", and also award, at the same time, $100,000.00 for punitive damages against a defendant, in the same jury verdict.

When you use the phrase "punitive damages" in the same breath as "pain and suffering", you cause confusion.

Please, stick to getting Gus back, and leave the law to someone else. You have no clue.

IAAL