Small Claims Court:
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Anybody been there? Im looking to get some info and advice as to if I should go. I live in a 3 bedroom apt. One of the people left to go home, even though she was on a year lease. What I would like to know is if I should bring her to court to get the rent because she refuses to send the rent, or even answer our phone calls. There is no way we can make up the 1/3 of the rent...we can hardly make our own rent.
Any advice would be greaty appreciated!!!
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kick her ass. if she signed the lease for a year, shes liable for paying the rent.
thats what contracts are for.
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Unless you all signed individual leases you are all liable as a whole. You will have to go after her individually in court to get the rest of the money for her part of the lease. Did you talk to your landlord about the situation already?
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I love North Dakota's landlord/tennant laws. You will NOT win if you take them to court. In North Dakota if there is more than one person living in a rental property and one of the people vacates, the remaining tennants are responsible to take care of the remaining balance. A year and a half ago my girlfriend and I broke up, she moved out, my rent went up to $600/month by myself. Talk to your landlord, explain the problem, they may be able to work something out with you.
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darkelvis is right...your dicked.
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wrong.
my moms been a state certified property manager for around 10 years now, so she knows the laws like the back of her hand. if her name is on the lease and she doesnt pay her part of the rent, you can sue and get the money from her. she said that with just the few details you gave, theres about a 95% chance youll win.. unless she had a damn good excuse to leave.
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amicheze wrote:
wrong.my moms been a state certified property manager for around 10 years now, so she knows the laws like the back of her hand. if her name is on the lease and she doesnt pay her part of the rent, you can sue and get the money from her. she said that with just the few details you gave, theres about a 95% chance youll win.. unless she had a damn good excuse to leave.
he & his mom are rigth from what i know of a friend in forks she wanted out of her 4 way split townhome lease early to come to fargo to look for jobs(just grad college)... she talked to a lawyer uncle of her's gave him the lease he didn't even need to look at it, he told her about the only way out is if you get a job in an area that wouldn' make since to communte (I.E. if she would have found one in fargo)
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when you sign a lease....they tell you that if someone moves out then your liable for finding a new roomate or paying...
...but im sure you could easily get money from her in small claims court.
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BlueSRT4 is getting fucked in the same situation - he refused to pay his last months rent since he moved out early - its going to end up costing him a lot more then his fair share would've been. His room mate told the landlord - proved to him that he moved out - documented all payments, etc, etc - now he's screwed. Guess it's going to go to collections.
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hmm...so you guys are split about half and half here one what you think is going to happen. I think im going to go talk to the landloards, then go to the courhouse and see if I can find somebody to talk to. I hear its only like 20 bucks to go to small claims court....thats not too bad if by some weird fucked up chance I dont win.
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