This is in Florida.  I have a roommate getting ready to move out (voluntarily) next month because she can't pay rent.  She still owes me money from last month.  I never had a rental agreement signed.  How can I make sure I get my money back after she leaves.  I know she will be around for 6 months (stuck in Coast Guard here).  Do I have to take her to court and will they be able to garnish her wages?  Is there anything I need/should have her sign?  Is there any other LEGAL way to get my money back?
199464
Tell her she comes up with the money, or you contact the Base Commander. ExO's do NOT like this kind of behavior, and will make sure you get re-paid.\n\nWhen you are dealing with dead-beat military types, this prospect is one they truly don't want to face.
659524
I'm pretty sure that once you pay the security deposit the landlord should hold the apartment for you.  I do know that when you move out of the apartment you get your security deposit back if the apartment is in good shape with no damage incurred while you were renting.  If the landlord later says he or she is unhappy with your credit and decides not to rent to you they must return your deposit.
595069
Doesn't matter if you don't have an agreement, you are joint and severally liable, now that you have paid all the bills, you can recover a reasonable amount ie, fair proportion from him.\n\nIs your flat mate worth taking action against, if the amount your owed is more than £750 then you can issue a statutory demand.\nThis is most dangerous weapon in law, ie if he doesn't pay he will be bankrupted.\n\nIs there a reason like he can't pay, like he can't afford it, you should try and get the utility company to split the bill, they may not agree but this way the liability is severed. Best course of action is to get him out, inform the landlord, and he may start eviction proceedings or notice to quit.\n\nThe longer way to really sting him, is keep paying the bills, then hit with the statutory demand, that will teach him a lesson he will never forget. He will take action unless is some kind of no hoping tramp loser .
103126
Without an explicit (written) agreement, you can be evicted at her discretion.  Where she will have trouble, however, is that she needs to give you appropriate notice of her intention to do so (to enable you to make alternate arrangements).  So long as you are not in violation of any laws or explicit policies of hers, you should be entitled to a reasonable time before you actually have to vacate.  The law would most likely deem 30 days as reasonable and I believe you should ask her to give you at least that. You could certainly sue her for any monies she received from you for which she provided no services or goods.  You could also sue her for any harm that befalls you because she failed to give you reasonable notice (time to look for another place to live).  If you let her know that you intend to leave (and you should have decided to do so by now), but that you require 30 days (for which you will pay her if you have not done so), she should give it to you in exchange for your agreeing not to cause legal problems for her and her family.  If she refuses, contact the local law school or local Bar Association and ask for assistance in finding pro bono (free or mostly free) legal counsel.  Best of luck to you in this terrible situation.
261126
You are legally bound to that contract.  Talk with your landlord.  They may keep your deposit as well as re-rent fees, etc and rent until they are able to rent it again.  Check your lease on penalties.  If they wanted to be a jerk, they could hold to to the full term of the lease.  Offer to help find a new tenant, pay to advertise it.  Work with them to get it re-rented and they will probably let you out of the contract.\nGood Luck.
450769
It depends on where you were living, if it was an apartment then there should be a manager taking care of the rents and repairs that you can talk to. If it was a house that you were renting you may have more of a problem and if you file a civil suit you may be wasting your money since it will be hard to serve him with the papers. Was it his personal property that you were renting or something owned by his business, it is was company property there will be a registered agent who can accept service for him. You can find out who this is through the Secretary of States office in your state. If it was his personal property then I would suggest looking at your lease, was it drawn up by an attorney, it is possible that he could be on a retainer and you could have him served. The only other way you could have him served would be with a foreign process server and some courts wont accept this. Check the magistrate or municipal court in your city to see if this is ok. Ask the court clerk how you can get him served, they are not supposed to give legal advice but they are usually friendly.\nYou might also send him an email threatening to file a civil suit and see if he responds to that. And if you do manage to get him served and get a judgment then I would suggest filing a lien against the home to protect your interests, that way he cant sell it without paying you.
478187
Time to get serious about the situation.  You have a contract and she has voided the contract with the bad check so she is out.  Did she tell you in advance about the bank problem?  If no then she is a con-artist and she will promise to pay in a few days and there will always be delays, stories etc.  She is bad news and you don't need to support her.   Kick her out asap and let someone else be duped by her.  Trust me I am in a similar business and I have heard every sort of excuse and sob story.  Don't give her any more time.  Go through a legal avenue so you son't have to listen to her stories first hand and fel sorry for her.  The next landlord will get the same bad business.
567080
She's already shown that she cannot be trusted if she gave you a bad ck.  If you call her at all, It should be to let her know that you will not accept another personal ck for return of deposit. Request that she give you a certified ck or money order.\n\nAfter the 45 day, just take her to court, let them deal with her as she has already shown a lack of respect to you by neglecting her obligations as your landlord.
134734
Go to City Hall and tell them your situation. Sometimes your local Chamber of Commerce can help. \n\nMy Parents had a renter who signed an agreement - but in your case (i don't know the technical term) there is a presumption of verbal contract.\n\nThe Renter would have to prove he did pay the rent with signed receipts.  Its your property, and anybody can be evicted for any number of reasons - especially if the rent is not paid.\n\nMy Parents went to City Hall - cant recall who they talked to - but signed an Eviction Form which the police delivered to the renter. The Police Department also enforced the eviction. (there may or may not be a small fee involved but its not much if any)\n\nIf this, or anyone elses answer is better.., is helpful be sure to click the Best Answer option for that person. (for anybody with a best answer). Too many people are asking questions and never give the best answer any credit at all.\n\nGood luck - I know how hard that situation must be.  DO NOT LISTEN TO SOB STORIES IF and only IF you have already been put off two or more times after trying to work with them.\n\nDO NOT GET THEM TO SIGN A RETRO DATED AGREEMENT FORM!  I'm no expert but Im pretty sure thats a bit underhanded if not illegal. Unless the Police or City Hall suggests it - DONT.
649534
You will always owe them until you pay.\n\nYou should not be thrown in prison/jail for inability to pay rent.\n\nThey may be able to garnish future wages if they can find you.\n\nWhy don't you mail them $10 / month until it's paid, then you are showing that you are trying to pay off the debt.
287799
I don't believe that a lawsuit is your best recourse. However, I would (with the others involved) approach him and ask him a few questions, like...\n1) Are you struggling with any addictions?(drugs,alcohol,sex,gambling..)\n2)Did you get yourself into some trouble and were too ashamed to ask for help?\nIf so, to either question, tell him you forgive him and ask him to seek help. You all might want to offer him this...since it's obvious he requires some. Nothing is going to get resolved thru anger, or seeking retribution yourselves...even thru legal channels. There's a lesson here (for all who read this). -TRUST and FORGIVENESS\nI'll sincerely be praying for those involved on the short end...and for your lost friend.\nIn the meantime, I have a friend who lives in the Costa Mesa area who (along with 2 others) is looking for 1 more roommate to share a 4 bedroom house. I believe the price is 400 a month and it's possible that he could&#92;would defer the deposit until you got on your financial feet.\n\nSincerely,\nMike\n\nPS - There may be other questions you may want to ask.1
256498
Start creating some paper.  Send her a letter informing her that you need access to show the premises.  When she refuses, send her another letter stating that you have requested access to show the premises, as provided in the lease, and that she has refused.  Keep doing this.  After the lease has ended and she has moved out, if you aren't able to re-rent right away then withhold a month's rent from her deposit.  If/when she tries to sue you for it you can show the judge the copies of the letters proving that she was in violation of the lease and prevented you from re-renting the property.
424842
Hi, Sandee,\n\nAs I read the answers, I kept wondering how all these people know what State you live in, if US, and how they can be sure their advise applies.\n\nYour family lives in which state?\n\nAlso, when you say lease that is usually different than a month to month and result in different answers.\n\nIn California, there is a standard notice called a 3 day pay or quit.  The expectation is not that you will move, but simply pay the rent or in your case the water bill.\n\nIn your case, it seems that you may not gone to leasing or rental office and simply asked them what they plan to do.    \n\nThat is the place to start.  Ask them what this is all about.\n\nIf it is in your lease that you will be paying water bills, they will point that out to you.  If that is the case, they will show you that you signature is on the page showing that you agreed to pay.\n\nI don't know in what states there is a "Housing Authority".  But they would tell you to talk with the agent or landlord first.  Then if needed you file a complaint.\n\nThe so called 3 day notice is the first step in the eviction process but it is not an eviction in and of itself.\n\nIn California, an eviction does take place before a judge.  You have the opportunity, with or without an attorney to be present.  \n\nI have always been there on the behalf of the landlord.  Sorry about that!!  The judges are always fair and willing to hear what you have to say.\n\nThe only persons who got really bad deals were drug-dealers, that isn't you, and people who didn't show up in court.\n\nBelieve me, if you are paying the rent as agreed and the landlord or the agent do not have it in writing that you agreed to pay the water bill, you will win in California just by showing up and telling that to the judge!\n\nGood Luck for you and your family!
379431
Send a demand letter both by certified mail and hand delivered - they have 48 hrs to return your deposit....Include the fact that they violated the terms of the lease, thus rendering the lease null and void, and you consider the lease cancelled.\n\nYou should have demanded your money back at 8am on Nov 2, 2006.  There is no reason to wait.\n\nStart looking for a new place today - stop by the small claims court in your zip code and find out how to request a hearing.  It may sound intimidating, but don't wait - and most small claims have days of the week "specific to landlord/tenant issues".\n\nAlso, you may very well be entitled to double damages.
481351
If you are leaving before the end of the lease, the landlord is not obligated to refund any part of the security deposit to you. If you are moving out at the end of the lease, then the landlord should refund the security deposit and draw up a new lease for your roommate and her boyfriend.\n\nIf the boyfriend is replacing you on the lease, he should pay you your share of the security deposit now, not when they move. Insist on it. Go to small claims court if they refuse.
207577
sorry, you take off and you signed a lease?  you owe.  unless something else is worked out, you or your cosigner may get away from paying for awhile, but if you are taken to court, you will lose.  you sign it, you own it.
72131
Pay rent.  If everyone's name is on the lease, it is all your responsibilities to pay it. \n\nOnce you figure out if he is really coming back or not, you can sue him in small claims court to get your money back, but that requires a lawyer.  Or your landlord can hold his possessions until they get the rent settled.\n\nWhen I went through this with a roommate, I found it effective to call her parents.  Even though she was 21 years old, her father helped us even out the rent bill and then came down on her to talk to us, tell us her plans, and even came to move her crap out.\n\nBecause you are jointly responsible for the rent, you have to pay all shares.  Read your lease.