Ex-Roommate suing me without a lease...

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dibbs22

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Hello to All!

In September, a friend informed my wife and I that her roommate moved out of her 2 bedroom apartment and that she needed to fill the vacancy. Because we didn't know her too well, we asked her if we would be required to sign a lease and provide a security deposit. She said no. So, with that agreement, we moved out of our apartment and into the friend's residence at the beginning of October.

Two horrible months went by. Cockroach infestation, unlawful entry by building management and an unwanted additional roommate that took over the living room added to a long list of undesirable living conditions. On top of that, the building went up for sale a month after we moved in and we were told that we would have to be out within months.

We were fed up so we told our roommate that we were going to move out. She asked us to provide a 30-day notice. We disagreed on the length of the notice and the amount that would be owed at move-out. Because of this disagreement, we feared that our belongings might be in jeopardy, so we left the first week of December disregarding the 30-day notice she was requiring.

Our rent was paid until 12/01 and we moved out on 12/06. She is suing us for rent until 12/23, as well as numerous utility fees and 15 days of parking for December for a total of $1200. Also included is $200 for keys she claims were not returned to her. However, I left the keys on the floor when I moved out.

She has 3 items listed as exhibits. Two of these are the USPS Change of Address notifications for my wife and I. The third is a copy of a letter that she sent to us certified mail listing the various fees she claims we owe her.

That's it. We never signed any lease or document in regards to our living situation and although my name is on the court document, I was never personally served with papers. Instead, the papers were delivered to my wife's place of business.

What should I do? Can she really win this case? What should I say in court and what shouldn't I say?

BTW - We live in Honolulu, Hawaii.

Thanks!!!!
 
She has the burden of proving her case, so you do need to show up and give a defense, otherwise she will win in default.

Since there is no written agreement, she has a tough case to prove.

If you did not provide a 30 day notice, you could be on the hook for 30 days rent from the time you gave her the notice. she probably has a toug time getting 200.00 for keys (which is excessive) and parking. Why do you owe her for parking? Did she prepay a spot for you?

She might get some of what she is asking for, but not all.
 
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