If my old roommate and I owe a collection agency for past due rent at apartment and I’ve been paying and he hasn’t, can I take him to small claims court?
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If my old roommate and I owe a collection agency for past due rent at apartment and I’ve been paying and he hasn’t, can I take him to small claims court?
Asked on June 13, 2012 under Bankruptcy Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes: if the two of were both co-tenants (so both liable under the lease) and/or there was an agreement between the two of you to jointly pay the past due rent, then you could sue him for the money he owes you. Small claims court is a good choice for this type of lawsuit. You need to prove his obligation to pay and how much--e.g. that he was on the lease or otherwise rented the apartment with you, and that the agreement was to share the rent.
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