Would she have a case?

**GlitterAndStuds** · 01-13-2010 05:40 AM

This one's for all you law buffs in here

Well it's for everyone, but I need some information, just in case.

As you guys know, before moving in with my boyfriend, I lived with a total crazy girl. Tried to control my life, tantrums, anger issues, ran me out of the house 3 months early....that one.

Well she was harrassing me about sending her back some stuff that was accidentally mixed in with mine when I moved. I finally sent the scarves back not too long ago, and now she's texting me saying it was only half the stuff and blah blah blah. Before she got it, she was threatening to take me to court over $500 for my half of the security deposit that I apparently "never paid" her. Except I did, 2 weeks after we moved in. But silly me, I don't have a receipt for that or anything.

I don't know if she's actually going to do it. Some parts don't make sense. For example, even if let's say I didn't pay it... She moved out of there in October. She got the whole deposit back, which would include my half. So it really makes no difference, right?

I'm just trying to be prepared just in case she decides to be petty and do it. I wouldn't put it past her. I've been trying to get her to disappear for months now. I don't respond to any texts or messages she sends. My dad called Verizon to block her phone number from my cell yesterday, but they're morons and it hasn't done that, so I'll have to call them today. I have her blocked on Facebook, Myspace, everything. I just need any information, opinions, ideas.... ANYTHING anyone may have because it's about to drive me insane.

**x.st.angel.x** · 01-13-2010 05:45 AM

Helllo glitter

I watch judge judy all the time so maybe i can help...with the deposit you will need to somehoow prove that else she could take you for that. Is there any way you can get proof from the landlord? But with the moving out part...if you cant prove you paid it the judge may say that it all belongs to her especially if she kept the receipts.

If she is only taking you to court because she wants her stuff ask her what else is missing and see if you happen to have it? If not im not sure which way the judge will go

**sperosi** · 01-13-2010 07:19 AM

did you give her cash or a check? if its a check then you should be able to get a copy from the bank.

but since she got the deposit back it shouldnt matter at this point.

just check real hard and make sure you dot have any of her stuff. if you do, mail it back with signature receipt. if not, just ignore her.

**GlitterAndStuds** · 01-13-2010 07:48 AM

It was cash. But most of the time, anytime I gave her money towards that or rent or whatever, she spent it instead of putting it back in her trust fund.

That's what I'm thinking too. I just don't know if a judge would dismiss it for the reason that she got the whole deposit back, regardless. I knew I wouldn't see it again because I moved out early.

Yeah I texted her asking what else is missing and I'm just getting rid of it. I swore up and down that I wouldn't because then she would know she had a way to get to me, but that's a game in itself.

In the worst case, I've been saving everything she sends in case I end up needing to press harassment charges. I'm thinking that will be the only way to get her off my back if it continues.

**KMonte85** · 01-13-2010 08:05 AM

wow what a nutcase!

I think a judge would dismiss that case if you had a letter proving the landlord returned the deposit to her. That should be all that is needed there.

As for the stuff - you sent back what she was asking for. Now she's saying there is more. Have her tell you what it is, look around for it. If you have it, send it back. If you don't, tell her you don't have it and ignore her onslaught of threats and accusations, but as you suggested - save them just in case. I think eventually she will get bored and find somebody else to harrass. But if she actually decides to take it that far to take you to court, tell her you have documented all of her harrassment and plan to counter-sue for libel and/or slander and will be seeking a monetary judgement for your mental anguish, pain/suffering, and defamation of character.

**caterpillar79** · 01-13-2010 08:21 AM

I agree with Km. You can actually turn around and sue her for harrassment. Have everything documented.

For your peace of mind, ask your dad as well...consult a lawyer. He might even advise you to get a restraining order from the court.

**WildChild** · 01-13-2010 08:47 AM

This is the problem with being too trusting and we've all done it. You have no records, I'll bet she doesn't either. She paid the deposit, she got it back, that's a total wash, I doubt it would go anywhere in court. Speaking as a propery manager I hate dealing with roommate situations. If both are on the lease then, as my leases are written (yours may be different) then both are jointly and severally liable for the entire amount of the lease. What goes on between the roomies is none of my business and I Won't get involved unless it distrurbs the peace or damages the property.

Were you on the lease? I don't allow anyone on the property longer than 10 days without filling out an application and going through a background check, but your place may have been different. If you weren't a signer on the lease then you may not be legally liable for any expenses related to rent or deposit. If you were on the lease then you may be legally entitled to half the deposit and she may have illegally withheld that from you.

For now, I like the advice to ask her for a detailed list of what she thinks she is missing, you check carefully to see if you have any of it and get it returned if you do. Ignore the rest, but get your ducks lined up with what documentation you can find, just in case.

**GlitterAndStuds** · 01-13-2010 09:39 AM

Originally Posted by KMonte85

wow what a nutcase!

I think a judge would dismiss that case if you had a letter proving the landlord returned the deposit to her. That should be all that is needed there.

As for the stuff - you sent back what she was asking for. Now she's saying there is more. Have her tell you what it is, look around for it. If you have it, send it back. If you don't, tell her you don't have it and ignore her onslaught of threats and accusations, but as you suggested - save them just in case. I think eventually she will get bored and find somebody else to harrass. But if she actually decides to take it that far to take you to court, tell her you have documented all of her harrassment and plan to counter-sue for libel and/or slander and will be seeking a monetary judgement for your mental anguish, pain/suffering, and defamation of character.

I know, right??

In all honesty, I might be SOL with getting anything from the landlord. I never dealt with her, the roomie's mother did. We had a plan that the easiest thing would be for her to pay through the trust fund (it was the roomie's but her mom was the only one with access to it, for good reason) so I would give the money to her for my half to put back in. If that makes sense.

That's what everyone keeps saying, that she'll get bored and just end up making an a$$ out of herself.

I've done some research on what constitutes harassment and it all fits. Unfortunately by habit, I deleted a few of her texts by accident but I still have a few. And they're all nasty. Not to mention she writes about me all over her Facebook, using my [first] name and everything. That's where the slander part comes in.

Hopefully I won't need to because I have no idea how to sue people and can't really afford legal fees. haha

**GlitterAndStuds** · 01-13-2010 09:41 AM

Originally Posted by caterpillar79

I agree with Km. You can actually turn around and sue her for harrassment. Have everything documented.

For your peace of mind, ask your dad as well...consult a lawyer. He might even advise you to get a restraining order from the court.

I agree. As for the restraining order, I've thought about it, but the laws for it in Mass. are kind of dumb. You can't get one unless you're in a relationship with the person, have a child with them, or they have actually assaulted you. Even with just threats, they still rarely grant them. It's ridiculous.

**GlitterAndStuds** · 01-13-2010 09:51 AM

Originally Posted by WildChild

This is the problem with being too trusting and we've all done it. You have no records, I'll bet she doesn't either. She paid the deposit, she got it back, that's a total wash, I doubt it would go anywhere in court. Speaking as a propery manager I hate dealing with roommate situations. If both are on the lease then, as my leases are written (yours may be different) then both are jointly and severally liable for the entire amount of the lease. What goes on between the roomies is none of my business and I Won't get involved unless it distrurbs the peace or damages the property.

Were you on the lease? I don't allow anyone on the property longer than 10 days without filling out an application and going through a background check, but your place may have been different. If you weren't a signer on the lease then you may not be legally liable for any expenses related to rent or deposit. If you were on the lease then you may be legally entitled to half the deposit and she may have illegally withheld that from you.

For now, I like the advice to ask her for a detailed list of what she thinks she is missing, you check carefully to see if you have any of it and get it returned if you do. Ignore the rest, but get your ducks lined up with what documentation you can find, just in case.

Exactly. Unless there's damage to the place that I don't know about, or any reason the landlord would have kept the deposit, she should have gotten the whole thing back in October when she moved out. It didn't even occur to me until a friend told me that she got it back either way so I don't owe her anything.

I did sign the lease as a tenant, yes. Her mother signed as a leaseholder, then the roommate, then me. So a secondary tenant, I guess? I don't remember the technical term, but either way I was on it. I'm not sure what the laws are like for that particular thing, in whether I should get my half back or not. I've been told by a couple of people that I wouldn't get my half back because I moved out 3 months early without any notice (since I got RAN out). I'll have to look into that too.

That's what I'm doing. I can think of maybe 2 other things that were hers. In all honesty I might have thrown the rest out because it was hers and I didn't want her crp in my house. Not much I can do about that, I guess. I also told her to keep in mind that she actually also has some stuff of MINE that SHE hasn't bothered to return. I'm sure she conveniently forgot. Either way, I'm saving anything she sends. She might need to find a more creative way to do it since her phone number is blocked now too.