Consider trying to calmly talk things through face-to-face, or working with a trained mediator to find a compromise you can both live with. If you feel your roommate is wrongfully suing you and alleging you are in breach of your lease when you are not, you might want to consult an attorney.
Of course, the best way to avoid legal issues with a roommate is to respect the lease and other agreements from the beginning. But if things get heated, knowing your rights and recourse will help you navigate the situation.
And l ike all professionals, sometimes lawyers make mistakes. If you believe your lawyer has made a mistake on your case which has caused you to suffer damages, you can sue the lawyer in order to receive the compensation the lawyer should have gotten you in your case.
So your former roommates' only recourse to get back the rent you walked out on and stuck them with is to try to sue you in small claims court.
Generally speaking, yes, you can sue your roommate if they break the lease. You will need to first review your lease in order to determine whether it contains any provisions regarding potential penalties for breaking the lease.
In Georgia, the County Magistrate Court, also referred to as the small claims court, handles money claims under $15,000, per Georgia Code15-10-2. A person may file a claim in Magistrate Court with or without an attorney. You may have an attorney represent you if you choose; this would be at your own expense.
Get a temporary restraining order. If the roommate has threatened or engaged in real physical violence against you, you can get a Domestic Violence Temporary Restraining Order from court that asks for a residence exclusion order. This order will require your roommate to leave the apartment immediately.
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.
Typical claims in the small claims court include:Pursuing unpaid invoices.Breach of contract claims.Sale of goods and services disputes.Claims for unpaid rent.Building disputes.Professional negligence claims.
How to support a roommate with mental health challengesBe considerate. Being a good roommate means being considerate of each other's needs. ... Communicate. ... Respect their privacy. ... Show you care. ... Ask how to help. ... Encourage their wellbeing. ... Take care of yourself as well. ... Watch for worrisome changes.
In extreme situations that escalate to violence, you should not hesitate to call the police if your roommate is threatening your safety or otherwise breaking the law. The landlord likely will start eviction proceedings against the roommate, in part to avoid liability if the roommate does eventually harm you.
Setting BoundariesDiscuss the cleaning schedule. ... Develop a plan to handle visitors. ... Discuss your phone policy. ... Determine a lights out time. ... Sign a roommate agreement. ... Choose the right time. ... Talk in person. ... Focus directly on one problem.More items...
You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $10,000.00, there is a fee of $20.00.
Varies from $5,000 to $10,000. Call clerk of court in your county to find out limit. *Check your court's website for any special rules or exclusions.
Small Claims Court is a special part of the court where you can sue for money without a lawyer. You cannot sue to make someone do something or for pain and suffering. Anyone 18 years of age or older can sue in Small Claims Court.
If your roommate doesn't respond to your demand letter (or gives an unsatisfactory response), you'll need to decide if it's worthwhile to file a lawsuit.
If your roommate doesn't show up in court, the judge will normally decide in your favor after verifying that you properly served the court papers and that no one requested a postponement.
One of the most important pieces of evidence you'll need in court (if you decide to sue) is proof that your roommate or cotenant was in fact responsible for paying a share of the rent. Usually, you'll have one of the following: Lease. If you and your roommate both signed a lease with the landlord, you are considered cotenants.
If you decide to file a small claims suit, you'll be given a court date on which the judge will hear your case and likely make a decision. It pays to be organized and prepared.
Small claims courts usually decide the case on the spot or issue a decision within a few days. If you don't agree with the court's ruling, you might be able to appeal it. Your state court website is an excellent resource to find the name of the court where you should file suit.
You and your roommate had a rent-sharing agreement. As discussed above, a written agreement is best, but a court will consider oral testimony and other forms of evidence, such as a landlord's testimony about receiving rent or a friend's testimony about hearing you discuss a rent agreement with your roommate.
You can present a copy of your demand letter to your roommate, as well as email or other correspondence relating to the missing rent. You suffered a financial loss because your roommate broke the agreement.
Most roommate disputes can be avoided by laying out simple guidelines and expectations at the beginning of the living arrangement in a written agreement.
Communication is key to a quick resolution. Speak up if you’re upset by something your roommate (or a roommate’s guest or pet) did or didn’t do, said or didn’t say. Calmly explain why you’re upset. Be specific and let your roommate know how to keep the peace in the future.
Protect yourself, too, if your landlord decides to evict one roommate. Sometimes roommates become violent during the eviction process. You might need to file an anti-harassment or domestic violence order (local police or a battered woman’s shelter can provide advice).
how you will handle any major disputes that come up (for example, about damage to the rental property), and. any other issues that are important to you (such as an all-vegan kitchen). Remember that your roommate agreement should not be at odds with the lease that you and your roommates ( cotenants) sign with the landlord.
If Your Roommate Violates the Lease. Your landlord can terminate the entire tenancy even if just one roommate causes problems—for example, by not paying the rent, damaging the rental unit, bringing in a dog (if your lease prohibits pets), making too much noise, or otherwise violating the lease.
You cannot generally file an eviction lawsuit yourself. Exceptions exist, however, such as if you rent to a subtenant or live in a rental in one of the few rent control communities, for example San Francisco, that allow a landlord to designate a “master tenant” to perform many of the functions of a landlord.
You Can’t Evict! Although you can ask your roommate to move of the rental unit, you ordinarily can’t evict your roommate yourself. An eviction is a legal proceeding that ends the contractual relationship between the landlord and the tenant. Evictions must be approved by a judge in court.
If a roommate tries to leave you holding the bag, you should check the lease agreement to see if there is a provision that lets you end the lease early by paying an extra fee. If you decide to do this, you will no longer be responsible for the lease, but of course, you will have to find another place to live.
A roommate is a type of tenant who is responsible either to the landlord or to the named tenant: 1 Joint tenant – roommates named on the lease are each fully responsible for the amount of rent owed the landlord 2 Subtenant – a roommate who is not named on the lease is responsible for his share of the rent to the roommate named on the lease
A roommate is a type of tenant who is responsible either to the landlord or to the named tenant: Joint tenant – roommates named on the lease are each fully responsible for the amount of rent owed the landlord. Subtenant – a roommate who is not named on the lease is responsible for his share of the rent to the roommate named on the lease.
When a roommate tries to get out of a lease early, it has the effect of leaving the other roommate (s) "holding the bag.". If the roommate is named on the lease, he cannot get out of the lease early and is legally responsible for his share.
Other states will treat the tenant as a landlord in relation to the subtenant. The landlord has the power to evict any of the roommates, regardless of their status as joint tenants or subtenants. If a tenant is unhappy with a subtenant, the tenant should speak with the landlord about the situation.
Unfortunately, sometimes the only way to enforce this is by threatening to sue the roommate for his share of the rent. If a roommate is not named on the lease, however, the named roommate may be responsible for the full rent owed the landlord.
This will depend on the landlord, although the answer will typically be yes if the roommates were joint tenants. Subtenants should consult the landlord for a lease, thereby making the subtenant into an actual tenant. Subtenants should make sure that the landlord is aware that the subtenant is living on the property and that rent is being paid to either the original tenant or the landlord. This creates a stronger claim to tenancy as the subtenant was already acting as a tenant before the original tenant left.
Yes you may sue for emotional distress as well as a civil suit for the assault . You must be able to prove your damages to a court. Do you have psychiatric bills that support and document your emotional distress, for example? Typically such a claim is companioned with another tort, like the assault charge that I suggested.#N#More
You can sue them for the injuries you sustained in the assault, however, you have to ask yourself what the point would be. Most people do not have the financial means to pay a judgment so you would collect nothing.
You could sue them for the battery to pay for the medical bills, and also for intentional infliction of emotional distress. However, you have two problems. First, just like the police situation, will be proving who started it. The one good thing about the civil arena is you have less of a burden to prove (sort of how OJ was liable in civil court), so it is easier to win. The second problem is that even if you do win, odds...
Of course, the best way to avoid legal issues with a roommate is to respect the lease and other agreements from the beginning . But if things get heated, knowing your rights and recourse will help you navigate the situation.
If you don't pay, your roommate is left to pay the full amount. So now, you're in court. If you've simply refused to pay, the judge will need a valid reason why not.
When you and your roommate sign a lease, you're jointly responsible for the sum total of the rent and all the terms of the lease. Most leases spell this out as being "jointly and severally" liable. Regardless of the number of roommates, you're responsible to the landlord as a group but only responsible as individuals to each other.
If you don't have an agreement with them, you're most likely out of luck. And if you have a subletter and your lease states you can't have one, you're definitely out of luck. Please note, laws and regulations differ from state to state, municipality to municipality. This is a generalized discussion.
Living with roommates — it's just like Forrest Gump famously said about a box of chocolate, "You never know what you're gonna get.". Whether your roommate found you on Craigslist or RoomieMatch, or if it's someone you've known for a long time, once you're living together in close quarters, anything can happen and personalities often clash. ...
Regardless of the reason you haven't paid your half, your landlord can evict both of you for non-payment because their concern is full payments each month. And remember, your roommate can't evict you, only your landlord can. And if it's for non-payment, it will most likely be the both of you out on the street, regardless ...
The bottom line is you can certainly move out on your roommates without notice, leaving them holding the bag.
When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.
If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.
To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)
The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.
To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.
It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.
It is very frustrating to feel that an attorney you trusted has let you down. Suing for malpractice is one way for you to be compensated for wrongdoing by your lawyer.
One way to sue an attorney for malpractice is to bring a claim for negligence. A negligence claim says that the attorney didn’t do a competent job in your case. An attorney is presumed to be qualified to handle your case. If they don’t have the skills or experience to do a competent job, they shouldn’t take the case. In addition to having the right skills, they must also avoid making careless errors that can unravel your claim. Here are a few examples of when attorney negligence can amount to malpractice:
Here are a few examples of when attorney negligence can amount to malpractice: An attorney with no experience in personal injury law takes a personal injury case. The attorney fails to assert a claim that likely would have been successful for the client. The client misses the opportunity to bring the claim. A breach of contract claim proceeds ...
If your attorney fails to follow this agreement, you may have a claim for breach of contract just like you could sue anyone else for violating the terms of a deal. Some examples of an attorney breach of contract case may include:
There are three general grounds for a legal malpractice claim: First, you may sue your attorney for failing to do their job up to professional standards. That’s called negligence. Second, you may sue your attorney for breaching their contract of services with you. Third, you may sue your attorney for breach of their fiduciary duty ...
There are all kinds of ways that an attorney can commit malpractice based on negligence. Negligence means that the attorney fails to provide reasonably competent services . Lawyers are presumed to be qualified to handle your case.
You don’t want to accept a settlement. You understand the risks and the pros and cons, and you want to proceed to trial. The attorney accepts the settlement on your behalf. These are just a couple of the ways that an attorney can breach their fiduciary duty to their client.
The testimony damages your case, and you ultimately lose. The attorney who represents you in your divorce doesn’t undertake proper discovery. They fail to uncover a hidden asset that the other party is hiding. Performing discovery would have been appropriate under the circumstances.
However, we tend to see common mistakes that lawyers make over and over, including: 1 Inaccurate billing; 2 Missed deadlines; 3 Failing to communicate with the client; 4 Settling a lawsuit without the client’s consent; 5 Giving inaccurate legal advice; 6 Stealing or losing money or property that belongs to the client; 7 Incompetently drafting legal documents that do not protect your rights; 8 Failing to file a case before the expiration of the statute of limitations; and 9 Taking a case despite an existing conflict of interest.
When a negligent lawyer falls below this standard of care, they have committed legal malpractice.
Before pursuing a legal malpractice case, pull together all relevant documents and information. Collect communications between you and your lawyer as well as information about the case that led you to hire the attorney in the first place.
Breach. A breach occurs when a lawyer fails to exercise reasonable care in your representation. For example, if the standard of care includes filing pleadings on time and your attorney misses an important deadline, they will have breached the standard of care.
Additionally, your lawyer is required to maintain a copy of your entire file, and give you notice before they destroy it. If you have a legal malpractice case you should obtain your file or hire an attorney who will obtain it for you.
In some situations, you can file a grievance but the grievance does not get the client compensation for their financial losses.
Lawyers may make mistakes from time to time. A claim of malprac tice may exist if your lawyer exhibited negligence in your representation. If your lawyer’s negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.
Please find a real estate lawyer and bring all your paperwork. The Middletown area has some decent practitioners. It may be helpful to call a lawyer in general practice. . .this is not an uncommon problem. Try the AVVO Find a Lawyer Tab. Good luck.
You need to talk to an attorney who knows RESPA, the Real Estate Settlement Procedures Act. As of January 2014, there are new regulations that are designed to prevent you from getting the runaround about loss mitigation and having to reapply multiple times.
The CFPB was created in theory to protect the consumer and they want your complaint about your lender. Ensure you have filed your complaints with specificity here: http://www.consumerfinance.gov/complaint/ Keep in mind, they will gather those and potentially investigate the lender, but they aren't going to solve every situation.