If my ex-boyfriend never paid for his share of the rent so I had to, how can I get what was promised and owed to me?

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If my ex-boyfriend never paid for his share of the rent so I had to, how can I get what was promised and owed to me?

My boyfriend and I leased a rental together. The first lease ran for a year and the second, which was renewed 4 months ago. Every month since we moved in, I have been paying the rent but we were supposed to split it 50/50. I have check/money orders/ and bank statements to prove I have paid for everything. We he just moved out and claims he never lived there. I can quite assure you that he did and we have a legal document to prove that. Is he still responsible to pay?

Asked on July 8, 2015 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If he is on the lease with you, you could sue him for his share (50%) of the rent. Or if he is not on the lease, but had an agreement, whether written or oral (though written agreements are, as you can imagine, much easier to prove than oral ones), with you to pay half the rent, that agreeiment is enforceable. Your recourse, therefore, is to sue your ex-boyfriend for his share of the rent. If the amount at stake is less than the limit for your small claims court, you may wish to file the suit in small claims court, acting as your own attorney ("pro se"); if it's over that limit, you probably want to hire an attorney to help you. You will need to prove the existence of the lease or other agreement obligating him to pay (and can use testimony, documents, emails, texts, etc.) as well as the fact that he did in fact live there.


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