verbal agreement broken

[ghetoboy]

I had a live in relationship with a young lady for a period of 5 1/2 years. We decided that it was time to conclude the relationship. She agreed to accept rent from me for a undetermend amount of time ...to allow me to save money to move. This agreement was verbal, nothing written. She accepted and cashed a personal check for a portion of the monthly rent 6/5, on the bottom of the check was written clearly RENT . She filed a restraing order in Phila. Domestic Abuse Court charging physical and mental abuse and had me evicted from the home 6/12. Went to court 6/15, she withdrew claim. Can I file for reimburstment in a small claims court.Her sole purpose for charges were to get me out of home.

 

[Tracey]

You have 2 options that I see.

1. File a motion before the domestic abuse court for sanctions against her for abuse of process & for using the Dom Abuse court to circumvent the statutory eviction process. Use the same case number. You'll have to check if the Dom Abuse judge can even grant you damages. You may have to request a written opinion from the DA judge stating that her claim was brought to circumvent the eviction process, then take that opinion to the court in option #2.

2. Sue her for wrongful ouster, for evicting you without benefit of judicial process.

Under #2, you get 1-3 month's rent as damages. However, you're more likely to win under #1, as a superior court judge is unlikely to want to hold that the reason a Dom. Abuse judge didn't grant the restraining order was because her claim was completely and totally bogus. The SC judge will probably say that the reason the R.O. was not granted is unclear. It could be because the evidence was weak, or because she was intimidated into recanting the charges, etc.

All in all, I think your chances of getting damages is low. Unless your damages were extremely high - $500 or more - suing her is not worth your time.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.