QUESTION

If I pay rent in advance and am kicked out for irreconcilable differences between roommates, may I recoup the remaining amount of rent?

Asked on May 06th, 2014 on Breach of Contract - Colorado
More details to this question:
I moved in with my girlfriend after she told me she was pregnant with my child. I have since learned that she had a secret life of lovers and Meth use. When I approached her about it, she kicked me out. Have I just gotten used to pay her rent? The check was clearly labeled May Rent on the Memo line and she cashed it immediately. Is there any way that I can sue in small claims for the prorated amount of rent that I lost? Made check on 5/1 kicked out 5/6. Thank you in advance for your assistance.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Yes.  If you were constructively evicted from the residence, you should be entitled to a pro-rated refund of rent.  However, your ex may claim that you left voluntarily, or that the money was a gift to her to help pay her rent, or some other story, and there is no guarantee that the Court will believe you.
Answered on May 06th, 2014 at 5:09 PM

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