Need legal advice.

[BlondieK143]

I have to leave in a few, but I'll be sure to check this in the morning. Thanks in advance!

Here's the story. In October 2003, I moved in with my friend and her mother. When I moved in, she didn't charge me anything to live there. After about 4 months, she decided that we would pay the land rent (her daughter and I were to split it). That come to about $120 a month a piece. Another two months later (her daughter had moved in with her boyfriend by this point), she told me she was leaving the state to go be with her other daughter who was going through a divorce at the time. I was stuck with all the bills (except the house payment which, I believe, was about $300). For 3 months, I paid electric, land rent, water, phone, trash collection, etc. (let me also back up and say that every one of those bills was at LEAST a month behind due to her lack of responsibility, so I had to catch them up in order to have them). After 3 months, I called her and (very politely) told her I had found another place to live and I was giving her a notice of me leaving. She FLIPPED out! Said I was going to be responsible for her bills, her losing the house, etc. (which, may I also add that while she was out of the state, she called me one night and told me that she forgot to pay a house payment and they could possibly evict me). At that point, I'd had enough. I was pissed she had treated me so badly and that she left her responsibilities in the first place. So, I moved out two days later and told her that I wasn't paying anything else. (I'm a great person normally, but she didn't deserve me to be nice to her after all she put me through).

For a week or so, she called work and harassed me and threatened to take me to court, etc. Then I heard nothing from her. For five months, until today. She's back in town for a week and will be here permanently in 3 months. Her voicemail said that she needed to get together with me to make arrangements for the money I owe her. If I don't, she claims she already has papers filled out for small claims court. No, I didn't pay the last month of bills I was there (it was the 4th, I believe, when I moved out) because I had to catch her up a month when she left. Something else I should also mention, we NEVER at ANY point during my living there (roughly 8 months) had a written agreement over the bills. She has nothing in writing saying I was to pay anything. My question is: What can she legally do? I'm a 19 year old working two jobs to support myself. I have an apartment that I pay rent for and my car is in my name. Can this woman get money out of me and try to take me for other things? Does she legally have any rights considering there was nothing in writing? All help would be GREATLY appreciated since I'm not so sure what to do about this matter.

[radwriter0555]

1. Let her take you to court. DO a timeleline, document everything, put

together all the checks you wrote, all the correspondence and every single little tiny scrap of paper you have to document your case. When getting ready for court, put each piece of paper in order with the most recent on top and the oldest on the bottom as it corresponds to your timeline.

And don't laugh but watch a bunch of Judge Judy episodes. You will learn a LOT!!!!!!!

THEN SHOW UP IN COURT and contest her allegations.

The burden of proof is on her. It sounds like you're in the right, but it's up to you to document it all in court.

The very worst that can happen is that she wins a small amount of money from you, IF she makes her case, which you must pay immediately or you will get a judgement on your credit rating.

Nothing criminal can happen from this. She can't impact your job, your car or your paycheck in any way, shape or form.

[Vincardog]

2. Do not put anything in writing. She has no leg to stand on.

If you get a summons to small claims court be prepared with all the receipts and documentation you have. Tell the judge the story you just told. Be prepared to counter claim the money you paid that were was in arrears. Good luck

[The Velveteen Ocelot]

3. Contact a lawyer in your state.

Some general rules: oral contracts can sometimes be enforceable if one party relied on them to their detriment, and evidence of a course of dealing can sometimes be used to establish the existence of an agreement. But the laws vary from one jurisdiction to the next, and you can't get accurate advice unless a lawyer in your state can review the facts and apply local law. If you don't have much money try contacting a law school legal clinic.

Also: Don't take legal advice from people who aren't lawyers.

[HamstersFromHell]

4. If I'm reading this right...

You caught up her "other" bills in order to get them in your name?

If this is so, then you are under NO obligation to keep any utilities, etc. on for her. She'll have to re-establish them in her name. That's common practice anywhere you live, lease or not. It's entirely her responsibility to get them back on in her name.

Since you never signed a lease or any other agreement to pay for so many months, the whole situation defaults to a lease by the month.

Lexis/Nexis is your friend :)


Tennessee Code Annotated
Title 66 Property
Chapter 28 Uniform Residential Landlord And Tenant Act
Part 2 Rental Agreements

Section 66-28-202. Effect of unsigned or undelivered agreement.

(a) If the landlord does not sign a written rental agreement, acceptance of rent without reservation by the landlord binds the parties on a month to month tenancy.


I wouldn't think that if everything is in your name there but the house note (which you never paid) and the land rent, at the absolute worst she could get you for one month of land rent. However, since you had to catch up her arrears in order to transfer the utilities into your name, you could rightfully claim you're already "paid" your rent. If what you had to pay to move those utilities is more than the lot rent, you could countersue for what she owes you.

Pull your cancelled checks together (or photocopies, if that's how you bank statement sends them to you. As my lawyer always says: DOCUMENTATION IS EVERYTHING!

If you feel you're in the right once you're prepared to defend yourself, call her bluff and tell her go ahead. If you feel she owes you money, tell her if she does, you'll countersue and tell her why.

I'm seeing this as she thinks she's going to run you over and get you to agree to pay for something you don't legally owe. Don't give in. If your story above is true and I'm interpreting it correctly, I don't think you have a thing to worry about. However, I'll also state IANAL. (I am not a lawyer.)

Hope this helps!

[BlondieK143]

9. Thanks for your advice.

But here's one thing that I think you're confused on, the bills were never put in my name. They remained in her name and I just payed them as it was.

[HamstersFromHell]

12. If you didn't put them in your name...

How would you ever be liable for paying them?

It'd be like me saying you drove my car for a week so now you have to pay the car note, gas and insurance. Your name isn't on it, you owe nothing. That is, of course, in absence of any written and signed documentation to the effect that you agreed to do so.

Call her bluff. She's trying to cow you into paying for something you don't owe. I don't think she's got a legal foot to stand on, other than possibly the land rent for one month only.

[BlondieK143]

13. Thank you.

I guess I just got really upset since she left the voicemail. I realize you guys aren't professionals, but I trust your opinions. Thank you again!

[radwriter0555]

5. I have a question, actually. Why did you move out? Specifically, why,

and what were the original terms of your agreement?

Was there a point where she TOLD you that if you wanted to stay you'd be responsible for paying the utility bills?

Firstly, you were allowed to stay there rent free for a couple months. That sounds like a nice thing to do.

When she left, were you the only one living there?

What was the content of the conversation you and she had when she left to take care of her daughter?

[BlondieK143]

10. It was a nice thing to do, at first.

I moved out because I wanted to be closer to my grandparents (who are both not too well) and the fact that her family is crazy (her son is being accused of molesting her neice). It was a very bad situation overall for me to be in. That and the fact I couldn't rely on her to pay the house payment, so I never knew if I was going to come to the house and it be locked up. Way too much stress on a then 18 year old. And I didn't live there COMPLETELY rent free for those few months, I gave her at least $80-$100 a month because I knew the water/utilities were going on because of me living there. She didn't ask me to until the land rent thing.

The only time she told me that I would be responsible for ALL the bills was when she said she was leaving the state (I got about a 3 day warning and didn't have another housing option at the time). She told me I either pay them or get out. Didn't have a choice. Her daughter would come back to the house to use the water and run up the long distance bill, but she wasn't there the full time.


And basically, the conversation was "I'm leaving to go to ___, since you don't have anywhere else to go, you're responsible for everything here." That's it.

[HamstersFromHell]

14. There's your "out"

When she gave you a choice of pay all or get out with 3 day's notice, she violated the law. Even in a "no lease" situation, by TN law she has to give you at least a 30 day notice. She can shorten that to 10 days only by going to court and claiming that allowing you to stay will cause physical damage to her property and getting the court to evict you.

She's already taken advantage of you once. Don't let her do it again.

[BlondieK143]

15. Thank you!

I didn't think she had a right to do that in the first place (and deep down, I'm sure she thought that I would automatically stay since I had nowhere else).

I definitely don't plan on letting her run over me anymore. I may be young, but I'm not stupid.

[HamstersFromHell]

16. Good for you!

One other thing, if I recall, there's also a provision that she can't increase your rent without some kind of notice (30 days? 60 days?) Sorry, don't have time to look up the cites on it, but basically giving you enough time to find another place to live if you don't agree to the increase. Of course, a signed lease would prevent her from doing it anyway. In absense of one, she still has to give you some notice.

And as another poster to this thread said...if she calls you again at work, tell her if she calls again you'll file harassment charges against her, and if she wants to talk to you, you'll do so only in court. If she insists on continuing, file charges, it IS illegal for anyone to do that for the purposes of collecting a debt, real or imagined once they've been told to no longer call you. This applies to calls at your home as well.

I suspect even if she's crazy enough to take her "case" to court, the judge will laugh her out of there. No agreement to pay on paper? Nothing is owed. Pretty simple.

Good luck, and mop the floor with her!

[BlondieK143]

17. :)

Have I mentioned you rock? :)

[radwriter0555]

20. Yes, that's correct. It sounds like a situation that went bad....

what a drag...

[gardenista]

6. First, get a lawyer.

Any advice or opinions on here may be good, but none of us are your lawyer.

In light of that, here is my opinion. I think she's full of shit, and is bluffing, trying to get money out of you.

She sounds terribly irresponsible, and like she might have a drug problem?

I suggest that you talk with your lawyer about getting a restraining order if she is harassing you at work.

[Sgent]

7. Although there is no reason

think (at this time) you need a lawyer for dealing with a suit, I would definately consult one for thirty minutes to an hour for some basic advise about your state law, etc. It shouldn't be that expensive.

I've already seen one incorrect statement here. A small claims suit, depending on the state, can definately result in a siezure of bank accounts or wage garnishment. It isn't something to be ignored.

[radwriter0555]

22. A small claims judgement can indeed result in garnishment and

bank account siezure BUT ONLY if the judgement is ignored by the defendant and if the plaintiff gets a debt collection agency pursue the payment/collection of the debt.

If you are judged to be owing the plaintiff money, you can pay it imediately and resolve the issue... but keep in mind that the courts have no machinery to enforce the debt.

An important thing to keep in mind that a judgement against you goes on your credit report for years....

[Technowitch]

8. No lease? No contract? You owe her NOTHING

Tell her that if she doesn't stop harassing you, you will sue her for just that, as well as for every penny you spent maintaining HER property.

[Floogeldy]

24. Actually . . . .

What you say is not exactly true. Under Tennessee's Landlord - Tenant law:

66-28-201. Terms and conditions.

. . . .

(b) In absence of a lease agreement, the tenant shall pay the reasonable value for the use and occupancy of the dwelling unit.

[BlondieK143]

11. Thank you all.

Hopefully this will blow over, but I'll be ready to go to court if it comes to that.

[AFSCME girl]

18. Hi Blondie!

I would have to concur with others that are saying NO Contract, NO Obligation. You have the right idea by taking things as they come, and if you have to go to court, remember, it's not the end of the world. I don't think this woman has a "leg to stand on" and most likely a court case wouldn't go anywhere anyway.

You sound like a very strong, level-headed young lady, and I have no doubt this will work out fine.

AFSCME girl :hug:

[BlondieK143]

19. Thanks!

See, this is why I love DU. Everyone here knows so much more than I do about certain things an I truly trust you guys when it comes to this stuff (though I realize there are no professionals lol).

[dpbrown]

21. Many states have a renters' union of some sort

And in places like that the rules related to unwritten leases and things are spelled out. Chances are that someone at one of those places can tell you if in your state you're considered responsible for giving a certain amount of notice, even though you have no written lease.

If your state doesn't have one of those sorts of renter-empowering groups, then you can check the web for information from other states' renters' unions for free before consulting with an attorney.

Ultimately, you'll be in the best position if you can get to the point of understanding what your state requires from renters regarding notice, whether or not you decide to represent yourself in small claims court.

[amazona]

23. don't meet with her or put anything in writing

If she files suit, get a lawyer or if it's small claims, gather together your own facts in an organized, calm, rational way.

Otherwise, do not get involved with this person.

My personal experience is that roommates/friends never work out unless there is a sexual component...and sometimes not even then...but this case really takes the cake! She is just trying to hit you up for what she can get. Don't meet with her, don't communicate with her. Leave it to the courts and the lawyers if need be.

If she keeps harassing you and calling you at work, invest in a restraining order. It's worth it for the piece of mind.


I think chances are HUGE that if she can't extort the money from you face-to-face that she won't take it any further because damn few attorneys are going to be interested in her drama queen story.

Caution-I am not a lawyer, I'm just guessing based on your post.

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[Worst Username Ever]

25. You are free and clear.

No written agreement, she kept changing the rent amount, she did not give proper notice (60 days) for rent increases, you owe nothing. In fact, I would counter sue, as you inappropriately paid far too much.