my ex roomate gave me a three day notice before she was due to move out . i had no time to replace her so my other roomate and i decided to cancel the lease and get another two bedroom apt. to cancel the lease was 515.00 , she was aware of the fee and the two of us held her responcible because it was her choice to move and make us terminate the lease . she decided that she should only pay 170.00 1/3 of the fee .. and then after i cashed the check for 170.00 that she wrote me , she went to her bank and canceled the check , the bank then took the money back out of my account .. we have seperate banks . so she paid no part of the cancelation fee .. if i took her to small claims court would i win ? could i also sue her for the cost of moving also ?
Answer by Beebs
Small claims court is about what is fair more than about the letter of the law. It sounds to me like her paying 1/3 of the termination fee is fair. So, yes, I would take her to small claims. Be sure to specify in your complaint that you also want reimbursement for the bank fees and court costs. Then, be sure to bring evidence of the bank fees (bank statements), lease, and any other documents.
Good luck.
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