roommate

[Gale]

I live in South Carolina. I have a passed roommate that moved out without a 30 day notice & there was no contract/no security deposit & all money recieved was cash. She moved back in with her husband for 2 nights then, on to a hotel. Now, 10 months later, she is sueing me to return the last month of rent she paid. Also, for the money she paid in lodging the remaining time in the month she moved out, her time lost from work to come to court, & money in gas she will use to come to court. Do you think she has a chance of recieving all she is asking for? If not, what part of this do I need to be concerned with. She is suing for almost $900.00. Since it has been so long ago I have no way of proving that I did advertise for another roommate. I didn't have another roommate move in until 7 months after this roommate moved out. I have no way, I mean no way of paying her if she would win. I am disabled, unemployed, single mom with a disabled child recieving SSI, I am waiting on approval of my SS disablility. I have to have help just paying my monthly bills. I do have a credit card, but, wouldn't be able to make the monthly payments if anything was charged to it. Would the judge put me in jail, if so, for how long? Thanks, Scared in SC.

 

[JETX]

Q1) "Do you think she has a chance of recieving all she is asking for?"
A1) A 'chance'? Yes, anything can happen. Is is likely that she will prevail in court?? Based solely on your post, I think it would be very unusual for her to get anything, much less 'all she is asking for'.

Q2) "If not, what part of this do I need to be concerned with. She is suing for almost $900.00."
A2) As shown in A1 above, I think it unlikely that she will prevail, but a LOT of it depends on what evidence she has. Can she prove that prior notice was not required?? Can she prove that you made the situation so hard on her that she had to move out without notice? Can she prove that she even paid the rent for that month?? Was there any lease or agreement as to her rent and her tenancy? Etc. Besides, the costs of 'missed work', gasoline to courthouse, etc. is not compensable as damages (meaning she wouldn't get them even if she did win).


I am not aware of any statutory requirement for you to replace the 'moved-out' tenant, unless you are making a counter-claim against her for moving without notice forcing you to pay the full rent.

Finally, the judge CANNOT put you in jail for failing to pay a debt, even if the former roommate were to get a judgment (unlikely in my opinion). We do NOT have debtor prisons in the US. If she were to win, based on your post, it sounds like the only thing she would get would be an uncollectible judgment. It sounds to me like you have no 'non-exempt' assets that could be seized.

Show up in court when scheduled and tell your details to the judge. Explain why she moved out, what hardship her moving caused you, what (if any) damages or unpaid bills (utility, etc) she left when she moved out without notice, etc. Then see what the judge says.