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StigmaKai
09-15-2007, 04:14 PM
I have a few questions regarding a roomate issue I am currently having if anyone can help me out it would be greatly appreciated. As of right now my roomate is trying to take me to small claims court for the amount of $400 in utilities he says I owe. Our lease says that we are not allowed to have utilities shut off for any reason whatsoever. I signed over two checks to him in advance for utilities in which he cashed but there is nothing written on them saying for utilities. That money should have covered the months of june and july. He didn't pay and is saying I still owe him the money for those months. Now i did not pay Aug or sep utilities which are in his name because I moved out early Aug due to harassment by both him and his mother. I had a verbal arguement with him over something and they both retalliated against me by calling our landlord and telling them my dog was vicious and making up false clams. The landlord then ordered me to have the dog removed in whcih I placed the dog in foster care until I moved out. They also filed complaints with the city saying my dog was vicious in which I had to take the dog in to the city vet to be examined. The vet did not see the dog as a danger or vicious in any way. Also after I moved out both my roomate and his mother, unaware I moved out, still called our landlord and said I had the dog back in the house to try and have me evicted. When confronted by the landlord I had told him these claims were untrue and that I had not even been living there for over a week. Technically I probably owe the last two months of utilities to him even though I was no longer living there. But I moved out early, still paid my rent, because of the harassment. Now he's suing me for utilities that I paid him for and then some, since he's suing me before the last bill came in. There is one other issue. He actually owes me money on a security deposit I paid when we first moved in. The amount was for $1025 and I paid it in full on the move in day since neither of my other roomates had the money at the time. The agreement was that they would reimburse me a third of it each. My other roomate has paid me his third but this one still has yet to pay. Now do I countersue him for the amount of the security deposit as well? Also if the summons was sent by certified mail and I do not sign for it, what happens? Any help on this issue would be greatly appreciated. Thanks!!

StigmaKai
09-15-2007, 04:36 PM
btw if anyone wants to help ot they can email at stigmakai@gmail.com thanks

ohiolandlord
11-23-2007, 01:42 AM
If you don't sign for the summons, they will just send it out regular mail. If it gets delivered then you are considered served and must respond to the suit. You could countersue for the 1/3 of the security deposit but that all depends on whether the landlord returns it to you or not. Since you moved out, you may not have any control over what condition the apartment is left in. You need to take steps to ensure that the apartment is returned in good shape. If you paid all the utilities for the first 2 months then you could countersue for the portions that you were not reimbursed. Just as you paid rent despite moving out, you would typically owe for utilities even though you moved out early.