Help w/ a lease/sublease situation

• fan_from_texas

  sleeper;1122058 wrote:Don't pay her anything. Wait until she actually files suit(she won't). Then pay her. Chances are, she doesn't want to spend that kind of money just to be an ahole to you, because if she sues you its going to cost her time and money.
  
  If you go to small claims court, tell them you'll agree to pay for 6 days because of how disgusting the situation was.

  She's a law student. I guarantee she files suit because she thinks it'll be fun and good experience. It's not a cost of time to her--it's added training for the DUI defense she'll be doing in a year or two.
  
  And if you go to small claims, but have no pictures of the place . . . how is that going to play out? Being right and demonstrating to a third party that you're right are two different things. And doing the latter when you have an overly zealous douchebag law student hasslin' you is even worse.
• fan_from_texas

  justincredible;1121956 wrote:Wouldn't he have to pay court costs if he lost?

  It depends on the state, city, and type of claim. Generally, the answer is, 'No' but it wouldn't be surprising if it were a 'yes' here.
• SportsAndLady

  

  I was waiting for you to show up fft lol
  
  Definitely using the advice of just paying her and learning the lesson. Im staying at a friends place for free in march so this will be my only rent expense in march (in April may and June I am paying their utilities as "rent" which is about $300).
  
  Im sure I could probably win the small claims case and save myself some money but the time spent doing that simply isn't worth it...especially being new to a huge city and a new job
• Automatik

  

  I honestly wouldn't pay, maybe eventually....but make her squirm at first.
  
  My dad owns several rentals and he occasionally gets burnt by shady tenants one way or another. He's never taken any of them to small claims because its not really worth it.
• Gblock

  at least wait till you get served and then you can always pay her before court
• Gblock

  she really has no evidence...was your offer of 365 on the 30th BEFORE you saw the condition of the whole apartment. you could argue your statement was contingent upon being provided suitable living arrangements for the whole month of march not...six days. even if you pre paid for the month if you move out after six days due to unlliveable conditions she would have to refund your prorated rent for the month.
• SportsAndLady

  

  Gblock;1122135 wrote:at least wait till you get served and then you can always pay her before court

  Lol wtf is the point? Shes not just gonna forget about this.
• SportsAndLady

  

  Gblock;1122139 wrote:she really has no evidence...

  She has an email from me saying I will pay you the $365 I owe you on march 30th.
  
  There's the evidence.
• Gblock

  SportsAndLady;1122144 wrote:Lol wtf is the point? Shes not just gonna forget about this.[/QUOTE
  
  my bro is a lawyer and ive had him write a ton of "letters" to people over the years and ive never sued anyone. add that to the four million times ive told some business i was suing them or someone has said they would sue me...and not one has ever happend. emails dont even hold up all that well in court. i dont know if you were already living there when you said you would pay but i think you are underestimating your case

• vball10set

  Just pay her and move on.
• Gblock

  SportsAndLady;1122146 wrote:She has an email from me saying I will pay you the $365 I owe you on march 30th.
  
  There's the evidence.

  before or after you inspected the apt? before or after you moved in? did you get to see the whole apartment?
• SportsAndLady

  

  Gblock;1122152 wrote:before or after you inspected the apt? before or after you moved in? did you get to see the whole apartment?

  After. Before. Yes.
• Gblock

  well i would offer her 175 bucks take it or leave it
• SportsAndLady

  

  Gblock;1122159 wrote:well i would offer her 175 bucks take it or leave it

  Haha.
  
  Im not going to do that.
• sleeper

  

  fan_from_texas;1122098 wrote:She's a law student. I guarantee she files suit because she thinks it'll be fun and good experience. It's not a cost of time to her--it's added training for the DUI defense she'll be doing in a year or two.
  
  And if you go to small claims, but have no pictures of the place . . . how is that going to play out? Being right and demonstrating to a third party that you're right are two different things. And doing the latter when you have an overly zealous douchebag law student hasslin' you is even worse.

  Correct me if I'm wrong, but doesn't "filing suit" cost money? I think a lot of people threaten legal action for intimidation purposes but they have no intention of actually following through. If I go to small claims court, she still has to prove her case as well. It's just not a risk a rational person takes for a measly $365. I'm not hurting for money, but if someone filed suit or tried to take me to court over $365 I'd make sure they'd always remember to never F with people with money and time to burn.
• sleeper

  

  SportsAndLady;1122146 wrote:She has an email from me saying I will pay you the $365 I owe you on march 30th.
  
  There's the evidence.

  Email, sheeeemail. Seriously can't believe you are actually going to be intimidated into paying a thug money.
• Gblock

  ok well send me the 365 and what ever i settle w her for less ill split with you. i ll send her a certified letter.
• fan_from_texas

  Gblock;1122150 wrote:my bro is a lawyer and ive had him write a ton of "letters" to people over the years and ive never sued anyone. add that to the four million times ive told some business i was suing them or someone has said they would sue me...and not one has ever happend. emails dont even hold up all that well in court. i dont know if you were already living there when you said you would pay but i think you are underestimating your case

  
  Two things: (1) I spend over 100 hours a year doing pro bono mediations in small claims court. The vast majority of those cases are landlord/tenant situations. I am 100% certain that people do sue over situations like this--I mediated a case almost exactly like this in December. Given that fact, and given the fact that she's a law student, and I would expect her to file suit.
  
  (2) What do you mean, e-mails don't hold up well in court? Have you ever litigated a case? Here's how it holds up:
  Atty: S&L, did you write this e-mail?
  S&L: Yes.
  Atty: Your Honor, I submit Exhibit FatChick-1.
  
  Boom, e-mail is in and e-mail holds up. The alternative is to try to lie and say you didn't write it--but committing perjury is a terrible idea and illegal (do you want to risk going to jail for contempt over an e-mail?).
  

  sleeper;1122172 wrote:Correct me if I'm wrong, but doesn't "filing suit" cost money? I think a lot of people threaten legal action for intimidation purposes but they have no intention of actually following through. If I go to small claims court, she still has to prove her case as well. It's just not a risk a rational person takes for a measly $365. I'm not hurting for money, but if someone filed suit or tried to take me to court over $365 I'd make sure they'd always remember to never F with people with money and time to burn.

  It does cost money (say, $100 or so, depending on jurisdiction). And it absolutely isn't a risk a rational person takes. But you're not dealing with rational people. This is a law student who is certain of the facts, certain she will win (whether that's justified or not), and wanting to trumpet her new-found skills by sticking it to an out of towner. I've seen a lawsuit where parties paid thousands of dollars in attorney's fees to fight over a $60 pair of shoes. People, especially people who end up in small claims court, aren't generally rational, and betting on their rationality as a way to resolve the dispute is a tough way to go. Many of these people are fucking batshit crazy, period.
  
  There's a difference between winning in court and having it be worthwhile to win it court. Lots of meritless claims get paid out because it isn't worth the hassle. It sucks, but victory and vindication cost extra. If you have time and money to burn, go for it (but roll the dice with the judge). Otherwise, be pissed at her, be angry that you got screwed, but realize your time and sanity are worth more than fighting over it.
• fan_from_texas

  Everyone gets huge balls when they're playing with someone else's money.
• sleeper

  

  fan_from_texas;1122243 wrote:Everyone gets huge balls when they're playing with someone else's money.

  Good point.
• Gblock

  well i watch judge judy everyday and i doubt she would make you pay 365 hope this helps
• fan_from_texas

  Gblock;1122274 wrote:well i watch judge judy everyday and i doubt she would make you pay 365 hope this helps

  Heh. Reps.
• Heretic

  

  sleeper;1122172 wrote:Correct me if I'm wrong, but doesn't "filing suit" cost money? I think a lot of people threaten legal action for intimidation purposes but they have no intention of actually following through. If I go to small claims court, she still has to prove her case as well. It's just not a risk a rational person takes for a measly $365. I'm not hurting for money, but if someone filed suit or tried to take me to court over $365 I'd make sure they'd always remember to never F with people with money and time to burn.

  1. This is a woman we're talking about in S&L's story.
  
  2. This is a woman who's going to law school, as opposed to learning about life in the kitchen.
  
  CONCLUSION: The words "rational person" do not apply here.
• justincredible

  

  fan_from_texas;1122243 wrote:Everyone gets huge balls when they're playing with someone else's money.

  
  Yeah, I dealt with this A LOT over the whole "certified letter" ordeal.
• sleeper

  

  Heretic;1122318 wrote:1. This is a woman we're talking about in S&L's story.
  
  2. This is a woman who's going to law school, as opposed to learning about life in the kitchen.
  
  CONCLUSION: The words "rational person" do not apply here.

  If rationality isn't winning, then #sleeperwins.