Ex-Roommate threatening to sue me for deposit

[mprince83]

In July 2009 I moved in with two roommates. M was on the lease while A and me were not. When we moved in we were told by M that last month's and security was not needed as we could just help her do physical labor instead. A year later M decided that was not going to renew the lease. A and I wanted to stay in the apartment so I signed a new lease with the landlord. M signed an agreement that the full deposit was transferred into my name and then demanded that A and I pay her last months and the full security for the apartment. I paid her my part of last month and security and the part for the new roommate moving in. This left what M thought A owed her which is $1,100.

M contacted A several times for the money until finally A responded with a notarized letter stating that the verbal agreement when A moved in was that last month and security was paid through physical labor and therefore A does not owe M any money.

A year later M is now contacting me saying that I owe her $1,100 because she signed over the full deposit to me. I never agreement to pay her the money that was owed by A. In fact I made it very clear in several e-mails that she should be contacting A about any and all matters involving this money. Now M is threatening to sue me in Small Claims court on the basis that I will be profiting off the apartment.

Furthermore, it is highly unlikely that I will be receiving the security deposit when I move out because of damages done by M when she lived her. She built a temporary wall, glued shelves to the wall, her dog scratch up one of the doors, etc.

Does she have any basis in court? And if not is there any way to stop her from contacting me about this manner over and over again?

 

[mightymoose]

The deposit was signed over to you- the full amount of it. I suspect if M follows through and sues that you will be ordered to pay the difference- this because A was not involved in the new agreement and has no claim to the deposit in your name.
You can in turn try and sue A if A fails to pay up- or you can go about evicting A, as it appears A is your subtenant.

It was not wise of you to go down this road knowing of the damage and the unlikely return of the deposit.

You and A need to come up with some dough. I believe M has a solid claim against you.

 

[army judge]

In July 2009 I moved in with two roommates. M was on the lease while A and me were not. When we moved in we were told by M that last month's and security was not needed as we could just help her do physical labor instead. A year later M decided that was not going to renew the lease. A and I wanted to stay in the apartment so I signed a new lease with the landlord. M signed an agreement that the full deposit was transferred into my name and then demanded that A and I pay her last months and the full security for the apartment. I paid her my part of last month and security and the part for the new roommate moving in. This left what M thought A owed her which is $1,100.

M contacted A several times for the money until finally A responded with a notarized letter stating that the verbal agreement when A moved in was that last month and security was paid through physical labor and therefore A does not owe M any money.

A year later M is now contacting me saying that I owe her $1,100 because she signed over the full deposit to me. I never agreement to pay her the money that was owed by A. In fact I made it very clear in several e-mails that she should be contacting A about any and all matters involving this money. Now M is threatening to sue me in Small Claims court on the basis that I will be profiting off the apartment.

Furthermore, it is highly unlikely that I will be receiving the security deposit when I move out because of damages done by M when she lived her. She built a temporary wall, glued shelves to the wall, her dog scratch up one of the doors, etc.

Does she have any basis in court? And if not is there any way to stop her from contacting me about this manner over and over again?

Always know this, that any person can sue any other person for any reason.

That said, will she sue you?

Who knows?

She placed the deposit in your name through the landlord.

There is no written evidence of why she did that.

She may have done it because she liked you as a friend.

She may have done it because she felt sorry for your unfortunate financial circumstances.

She may have done it with the expectation that you would, in turn, reimburse her.

It doesn't matter why she did it.

If she sues YOU, she must PROVE her allegations.

In the interim, you need not live in fear.

Only a judge can order you to pay a debt.

That judge, with all of his/her immense power and authority, is absent the ability to do little more than issue her a judgment; if she were to prevail.

She would then have to COLLECT on that judgment.

Legally, you don't owe her anything, absent a written contract indicating same.

Morally, well this is a legal forum, isn't it?

My best legal advice would be to admit nothing, promise nothing, say nothing, and live your life.

You have no control over what this person might do.

If she sues you, make her prove her allegations.

From what you've related, she can't!


You can stop her from contacting you by changing your telephone number and not giving it to her.

You block her emails with your spam filter.

If she writes you, throw her letters away (or return them to sender, unopened).

She'll get the point.

The point for you is to ignore this wicked, pesky, bothersome, annoying, little, troll.