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Legally what should I do?

  Author:  15675  Category:(General Advice) Created:(2/11/2008 4:08:00 PM)
This post has been Viewed (1475 times)

I know USM isnt responsible or able to give real legal advice. But I need some advice or sites none the less.

I posted on that 'they call themselves Christian' post what troubles Im having with my lunatic roommate/landlord. I sublet from her (so she rents an apartment and I rent a room from her). I did something really stupid, something Ive never done in my life: I didnt get anything writing and due to a banking situation paid in cash.

Now for that matter she has nothing in writing saying I will pay this or that or anything is my finacial responsibility. Here's what REALLY happened: I was supposed to pay half the rent ($700) and that was it. She was supposed to pay utilities and the remainder of the rent.

She tricked me from the start by saying she couldnt get gas in her name. So I did. Then she started changing the agreement on me even when she was being nice by saying I *said* Id pay the gas (i.e. half the utilities). I never would have said that and I told her that before, during, and after we moved. I would never have said it because I cant afford it.

See she's someone when she gets desperate for money she makes things up in her head. This is obviously dangerous. The reality of the matter is I asked her a few weeks before we moved in if I could pay her $500 and buy a matress with the remainder of the money; paying her the remainding $200 in the middle of the month. She said okay, then the next day she asked if I could make it $600 instead. I said fine and on the 31st or 30th of Janurary (last day whatever it was) I did just that in cash. However when I withdrew it I withdrew about $950 for groceries and such.

So if you read that other post you know shes gone totally off her rocker and the police are being called every other day. The gas bill came in at $75 and a remaining weeks worth will probably bump it to $100. I havent paid her the $100 yet; and she refuses to pay the gas bill. So in my eyes: why dont *I* just and that keeps it fair?

This has upset her to no end usually ending with her screaming at me and today threatening to take me to court and lie about what I owe her (she said $700). She has lied to the cops telling them I only paid her $300. I know why she did that too: cuz the day after I gave her the $600 she paid what she thought was the remainder of the bill: $300.

We moved in 2 weeks early and owed prorate. She didnt know what prorate meant thinking it mean we got FREE RENT (LOL are you kidding me?) Of that prorate I *would* have owed $325. However Im aiming to move out by Friday so in the end I stayed a month; if the truth were being told EVERYTHING I *OWED* would be *PAID*.

She keeps threatening me with that prorate too though I know if a court sees I moved out they'll say I obviously didnt owe it. As for the rest of this Im unsure. She has no money but she threatened to go file a small claims thing today (which given fees would be stupid over the $100 that has her so infurated). IF she does Im wondering what should I do?

I have what I withdrew on my bank record but I wonder if that will help. I told the cops before they took me back to the house (I had them meet me somewhere down the street) the same story I've told them the 3 other times I've met them. Because it IS the true story I have nothing to lie over. I thought I had blogs that said 'Oh and this is what Im paying' but I just looked them over and I didnt...because during the time this was going down was when my sister had a pregnancy crisis that upset me apparently too much to write about this matter.

So the question USM is what should I do if this goes to court? She is a horrible person...I heard her on the phone today telling someone she would tell the court I PURPOSELY KICKED AND HARMED her dog (I accidentally ran into him the other night in the dark at 6am; vegetarians tend to LIKE animals not harm them) and she keeps making up claims about what I owed a previous landlord and 'what type person I am' basically just doing her dangdest to drag my good name through the mud. I heard her say several times "Im gonna teach her a lesson!" Shes like a bad abusive boyfriend only Im not putting up with it.

Any help would be appreciated thanks!

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Notice: This Advice is free advice and only for (Fun). It is provided by person or persons not affiliated with the Unsolved Mysteries website and neither Unsolved Mysteries or the persons giving the advice will assume any responsibility for consequences for the actions you take as a result.

Replies:      
Date: 2/11/2008 4:15:00 PM  From Authorid: 12072    so wait--you have NOTHING in writing? If not, how can she say what's owed and what's not, it's her word against yours...a similiar thing happened to my dad and grandmother--she said he owed her X, nothing in writing, he ended up having to pay only a fraction of what he "owed" her. (probably not worth it since she lost a son, granddaughter, and any great-grandchildren I may have). I'd contact a lawyer, call around, I think many will listen to the problem for free to see if you have a legal situation on your hands, but I'm not sure. GOod luck!  
Date: 2/11/2008 4:29:00 PM  From Authorid: 64365    Get receipts if you can, showing that you paid...  
Date: 2/11/2008 4:30:00 PM  ( From Author ) From Authorid: 15675    But how? Shes the one I paid to...obviously given the situation she wont. But since neither of us have anything in writing (me I paid, she that I owed her anything to begin with) maybe it'll just be laughed outta court? Thanks guys!  
Date: 2/11/2008 4:38:00 PM  ( Admin )   You can's stay there with her. So the obvious solution is to move out. Then if she takes it to court address it then. Otherwise this will continue to get worse and worse.
Date: 2/11/2008 4:45:00 PM  From Authorid: 51393    If she only wants one hundred dollars ($100.00) pay it and get out of there as soon as you can.She sound like she has a multiple personalities.I would just wash my hands and move on if i was in that situation.Have it all in writing and tell her to leave you alone.I believed it is all but threats and no actions.Take care (((hugs)))  
Date: 2/11/2008 4:46:00 PM  From Authorid: 51393    If you need help paying her and you can't afford i will pay for it myself to shut her up.  
Date: 2/11/2008 4:47:00 PM  From Authorid: 64365    YOu have receipts for the gas you had turned on? Any record that you paid the gas bill? Any receipts from the groceries you bought while you were there? Those surely would help to corroborate your side of the story...  
Date: 2/11/2008 4:55:00 PM  ( From Author ) From Authorid: 15675    LOL love you guys! The thing is her whole psychoness took off when I TOLD her I wanted to move March 1st...because I was sick of her (what I think is; I dont know her medical history) bipolar episodes. Thats when everything in the other post happened. Shes trying to control me and she has told me everything I do or say she thinks Im 'battling' her (Im not Im just trying to LIVE.) So to pay her money I really DIDNT owe her isnt something I want to do. I like fairness; and in all fairness I dont owe it to her since she owes me the gas bill. And legally Im almost certain moving out by the 19th I wont owe prorate either since I did have 2 extra weeks.

LOL Diana thanks but Im just not letting her win this one. Everytime the cops come out (I called them twice, she called them once when I did just to prove a point) they see me calm cool collected honest and apologetic their there. However she was freaking out and THREATENING ME the first time they were there; and last time (the time she called too) she was STILL freaking out but not as badly.

Nani I do. However I dont for the groceries. I know what I did that day was I went to the bank then the grocery store right by it where I had to raise heck cuz I thought I gave him a $20 and he didnt give me $10 back...turned out though I had given him the ONE $10 I had LOL! Maybe they'd remember me?

I used to like to do things in credit and debit for this reason but Im still waiting on my check card and so unfortanitly this was a stupid move on my end. However on a good bit of it she doesnt have anything in writing SAYING I owe her anything. According to the cops the most Ive done is establish residency which means I could live there for free less it says else wise. I dunno Im scared to leave my stuff there she keeps going in my room and my books and DVDs and food are all out where she has access anyways. I just try to console myself with if she did anything she'd get arrested but *still*

I'll keep you guys updated thanks!
  
Date: 2/11/2008 4:56:00 PM  ( From Author ) From Authorid: 15675    Oh and to shorten a long comment I am looking as hard as I can at other places; I even considered a hostel. There's a place that should be calling me back tonight and they were really cool so Im sure that will go through and I'll be out by Wenesday. Did I mention after today we'll have no lights or electrictity (she turned it off to spite me) or gas (I took it out of my name and she refused to put it in hers)? UGH!  
Date: 2/11/2008 4:59:00 PM  From Authorid: 12072    I'm curious what she'll do when you move out--live in cold and darkness? LOL Glad to hear you could be out as soon as Wednesday, keep us posted!  
Date: 2/11/2008 5:01:00 PM  From Authorid: 51393    Just becareful and keep us updated.If you need any help let me know and i will be glad to abliged(sp).Much love and God Bless....  
Date: 2/11/2008 5:24:00 PM  From Authorid: 62146    Sorry this had to happen to you Kaja, what advice given is great! but keep us all updated for what happens next, And lets hope it's all good news   
Date: 2/11/2008 5:24:00 PM  From Authorid: 28848    She has nothing in Writing saying that you would pay anything. If I were you I would get out quick and not worry about it.  
Date: 2/11/2008 5:54:00 PM  From Authorid: 943    Get a couple men friends, grab your things, run, and never look back. The rest will work itself out.  
Date: 2/11/2008 5:57:00 PM  From Authorid: 53052    i think you've figured out your biggest mistake about not getting anything in writing.. thats one thing you know you should always do but you think oh we're on good terms i shouldn't need it.. it's surprising things went sour sooo quickly... for the rent... rent usually goes from the 1st to the 31st so i don't think you can pay a half month for jan and a half month for Feb and call it even... but ofcourse you have nothing in writing or atleast that is what my obsessive court TV watching told me... and that because your name isnt on any lease it's considered a month to month rental  
Date: 2/11/2008 5:59:00 PM  ( From Author ) From Authorid: 15675    LOL Poison Ivy! If only I knew more then 2...Midnightly your probably right. Im just hoping with the lack of writing it'll 'go away'. If not its my word against hers and I know I look and act sane. That is all   
Date: 2/11/2008 6:04:00 PM  From Authorid: 10657    You have no reciepts, you have no written contracts. I don't know what there is you can do or her for that matter as it is hearsay I would think. Your bank statement really doesn't prove anything other than that the money was there and you withdrew it. I am not a lawyer but, you can usually call lawyers offices and say you are researching something and they will give you options. At least they do for me lol.  
Date: 2/11/2008 6:09:00 PM  From Authorid: 27583    #1 , have the gas shut off before the bill gets outrageuos. #2 move out yesterday.. #3 don't look back.  
Date: 2/11/2008 6:28:00 PM  From Authorid: 62849    I don't think anyone has any legal recourse because there is nothing in writing. I'd get out of there and let someone else deal with her.  
Date: 2/12/2008 2:37:00 AM  From Authorid: 8024    Very quickly pack your bags ... c  
Date: 2/12/2008 3:35:00 AM  From Authorid: 10245    can't really help you with what's already happened, but in the future... write her checks or give her a money order, so you have proof of payment. As far as the gas bill, I'm afraid that since your name is on it, it's your responsibility to make sure it's paid. I'd take care of having that changed over ASAP... make SURE you get it out of your name before you move out or it will haunt you, possibly years down the road.  
Date: 2/12/2008 7:08:00 AM  From Authorid: 64549    Wowsers. OK, first ~ anyone can take anyone else to court over anything. I can sue you tomorrow for wearing shoes. Then the judge will throw it out. So, let her have that fantasy. Second ~ suing people isn't free. She'll have to file her claim and that costs money. Third ~ even verbal agreements hold up in court. The judge will decide who is lying and who is telling the truth. Stay consistent and honest and he'll see right through her. Fourth - keep all of the receipts and documentation (check copies, bills, bank statements, etc) that you can. It was a bad idea to pay her in cash, but you did. You can't do it over. You can just learn from it. Sounds like you have learned your lesson (agreements in writing, payments with proof!) Good luck hon! ~AnnieLouWho~
Date: 2/12/2008 11:27:00 AM  From Authorid: 53284    While your still in the situation write a letter that details what you thought the rental agreement with her was. Then list what you've paid. Print the letter and keep it for your files just in case she decides to sue sometime in the future.  

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