6 Comments on I Need Legal Advice. Roommate Moved Out And Their Mother Name Is On The Lease Can I Take This To Small Claims?

CGIV76 on Thu, 28th Jan 2010 1:04 pm


Yes, if the mother signed the lease she is legally liable.
You have 1 year to file a civil claim.
You can file your own suit in small claims court.
If you go to the court, the clerk will provide you with the necessary forms.

dennis s on Thu, 28th Jan 2010 3:04 pm


you can go to the court house and request a form for small claims court, fill it out naming your room mate and the mother as defendants. once you submit it they will charge you a fee which you can add to your damages.you can not use a lawyer in small claims court usually. they will be mailed a copy of your suit and given a date to appear. on that date they will be asked if they dispute the suit. if they do then it will go to mediation where you all tell what happened and try to resolve the suit if you do not agree then it goes to the judge.i have been there more than once and have always won.

aarika on Thu, 28th Jan 2010 9:01 pm


if you are referring to a lease violation and want the roommate to pay their half of the rent i guess you could try

laughter on Fri, 29th Jan 2010 12:34 am


I have no idea what you are trying to ask, who you would sue, the grounds for a suit or anything else. Please try to clarify and try again.

r2mm on Fri, 29th Jan 2010 4:09 am


First, you need to read your lease agreement very closely. Many times, there is language to the effect that all renters are individually responsible for the entire amount of the rent and any damages. In other words, the landlord is due the full amount, whether it comes half from each or all from you.
Then, you can try collecting from the roommate’s mother Since she signed the lease, she is probably legally responsible for part of the rent, even if the child moves out.

Harv R on Fri, 29th Jan 2010 9:07 am


Hi,
You need to make it clear what it is that you are suing for. In small claims court usually you can not use a lawyer.
If your roomate moved out and left you with expenses you should write a letter to the leaseholder. In this case it is the mother and request payment of whatever it is you think they owe you. If it is a legitimate claim you can take it to small claims court after thirty days.
You have to mitigate damages and you have to give them time to respond to you. You will have to prove your case with a preponderance of the evidence. You will need to show bills and receipts.
If all that fails then go to court and fill out a complaint at the small claims courthouse. You will need to have a disinterested party or the marshal serve the papers to the defendant.

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