Roommate Refuses Rent Payment

Summary

The users roommate in Maine has breached their rental agreement by refusing to pay rent. The user was advised on the possibility of suing the roommate in small claims court for unpaid rent, even after the roommate moves out. The user was also informed about the process of serving court papers, the possibility of applying for a fee waiver due to financial constraints, and the importance of gathering evidence such as the lease agreement and proof of unpaid rent. The user was also guided on how to deliver a rent demand form to the roommate.

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Waterville maine , and she said that it’s too loud for her cause she works nights and that it’s not clean enough for her
In Maine:
- If a tenant breaks the lease, the landlord can sue for unpaid rent.
- However, the landlord must make reasonable efforts to re-rent the property.
- The roommate's reasons may not legally justify breaking the lease.
Consider discussing this with a local lawyer for more accurate advice.
I don’t have a lot of money for a lawyer
In Maine, there are legal aid organizations that offer free or low-cost legal services. One example is Pine Tree Legal Assistance. They might be able to help you with your situation. You could also consider mediation as a less costly alternative.
Any other advice ?
You could try discussing the situation with your roommate or sending a formal letter explaining your position. If this doesn't work, you can consider filing a small claims case in Waterville District Court. If you need help, Maine courts offer a self-help guide.
I did try to talk to her and she said I need to look up what a 7 day eviction is
In Maine, a *-day eviction notice is used for serious lease violations. As a co-tenant, you cannot evict her but the landlord can. It's best if you share this situation with your landlord.
I let my building manger know what’s going on
That's a good step. Has your building manager taken any action or provided any guidance on this matter?
The manager said I should take her to small claims for the money
That is indeed an option. Are you familiar with the process of filing a case in small claims court, or would you like information on how to do that in Maine?
Rent was due on the 1st , today is the 6th. So technically it’s almost been 7 days already , right ?
Yes, you are correct. In terms of calendar days, it's almost been 7 days since the rent was due. If you decide to proceed with the small claims case, you should include all unpaid rent up to the date of filing.
Ok
That's good to hear. If you decide to proceed with the small claims case, you will need to gather all necessary documentation, such as your lease agreement and evidence of unpaid rent. Are there any other concerns you have about this process?
Shouldn’t she be out tomorrow, since tomorrow will be 7 days ?
As a co-tenant, you don't have the authority to evict. Only the landlord can issue an eviction notice, and there are legal processes to follow. Not paying rent can be a reason for eviction, but it doesn't happen automatically after 7 days.
And she refuses to pay , she lied and said she would have it today but that was her just buying some time. She already found another apartment to move into
If she moves out and still doesn't pay, you can sue her in small claims court for the owed rent. Do you know her new address? It might be needed for court proceedings.
Even after she leaves I can do that ?
Yes, you can still sue her for unpaid rent in small claims court even after she leaves. Make sure to keep all evidence of her agreement to pay and her failure to do so.
Alright , no I don’t know the new address
That's okay. When she moves out, you may be able to get her new address from your landlord or building manager. Do you have any other questions about this process?
She’s not telling anyone where she’s going , not even my landlord
That could make things difficult. However, you can still file a small claims case without her current address. The court can help you with the process of serving the paperwork. Are you comfortable with this?
I know where she works at least
That's helpful. If you have her workplace address, it can be used for serving court papers. Are you willing to proceed with this?
Ok , I don’t have much money and they said it’s * dollars to file a claim
It's true that there are fees associated with filing a claim. But in Maine, you can apply for a fee waiver if you cannot afford it. Would you like information on how to apply for this waiver?
Pine tree legal is closed today
That's unfortunate. However, you can apply for a fee waiver directly through the Maine Judicial Branch's website. Do you need assistance with this process?
Yes
Great. To apply for a fee waiver in Maine, you need to complete the "Application to Proceed Without Payment of Fees" form. You can find this on the Maine Judicial Branch's website. Are you comfortable with filling out this form online, or would you like further guidance?
I think I can do that
That's great to hear. Remember, if you need any further assistance, you can reach out to us. Do you have any other questions about the legal process or your situation?
Do I have to allow her to use my utilities still ?
In Maine, co-tenants must share the costs of utilities unless stated otherwise in the rental agreement. Are utilities included in your agreement?
Yes , I pay all utilities. It’s in our agreement
If you're paying all utilities as stated in the agreement, your roommate should reimburse you for her share. If she refuses, you might be able to include this in your small claims case. Do you have evidence of her agreement to share utility costs?
What would be considered evidence?
Evidence can include:
- Your written rental agreement stating that utilities are shared.
- Any written communication (emails, texts) where she agreed to share utility costs.
- Receipts or bank statements showing your payment of utilities.
The agreement states that I pay all utilities myself
If the agreement states that you pay all utilities, then unfortunately you may not be able to claim her share for utilities. However, you can still claim for her portion of the rent. Are you okay with this?
Alright
That's good. If you have any more questions or need further guidance, please don't hesitate to ask. Are you clear about the next steps you need to take, or is there anything else you need assistance with?
I’m good now thanks
That's great to hear! If you have any more questions in the future, please don't hesitate to reach out. Best of luck with your situation. Stay safe!
Do I need to give her a rent demand form ? I saw something about doing that before I file with the court ?
In Maine, a rent demand isn't typically required before filing in small claims court. However, it can be useful as additional evidence. Would you like guidance on how to create a rent demand form?
I printed one earlier today
That's proactive of you. Remember to include all necessary details in the form such as the amount owed, due date and your contact information. Have you filled it out and given it to your roommate yet?
Not yet
It's important to give her the rent demand form as soon as possible. Make sure to keep a copy for yourself. Do you need any guidance on how to deliver it or any other steps in this process?
Yes , how would I go about giving to her , can I tape it to her door?
In Maine, you can deliver the rent demand form personally or leave it at the tenant's home. Taping it to her door is not recommended. You can also mail it, but add several days for delivery. Keep proof of delivery for court.
Yeah it said I had to mail it to her ? So I can just give it to her in person ?
Yes, you can hand it to her directly. This is often the best way as it provides immediate delivery. Remember to document the delivery for your records.
Ok
That's good to hear. If you have any more questions or need further guidance, please don't hesitate to ask. Are you clear about the next steps you need to take, or is there anything else you need assistance with?
I’m good now thanks
That's great to hear! If you have any more questions in the future, please don't hesitate to reach out. Best of luck with your situation. Stay safe!