QUESTION
I am being sued in small claims court for supposed late rent on an apartment I used to share with my ex in which I haven't lived since November 2013
Asked on Feb 28th, 2014 on Litigation - South Carolina
More details to this question:
My name is still on the lease but only because when we finally broke up I agreed to pay rent through the end of 2013. I wanted to end the lease early but she said that she wanted to keep the apartment and we agreed verbally that she would take over the full amount of the rent starting January of 2014. I kept my name on the lease because during that last conversation she requested that I not contact her about getting my stuff out till after January so that she had time to deal with the breakup. Thinking that we could end on an amicable nature I agreed and waited. I recently contacted her about retrieving my things and she attempted to hold the items till I paid half of January and February's rent which was not part of the original arrangement. I got my possessions and 2 days later was served with a summons to small claims court for the rent that she claims I owe her even though I have not been living there. Do I have a viable defense?
1 ANSWER
Yes. Although you would still be liable to the landlord based on the contract you signed (the lease), you are not liable to your ex, with whom you had a contract that you would move out and she would be responsible for all rent payments after December. The problem is that it is her word against yours, and there is no guarantee that the Judge will believe you and not her.
Answered on Feb 28th, 2014 at 1:05 PM