Can I sure my ex-roommate in small claims court for her remaining half of the lease?
1 attorney answer
You may be able to win in Justice Court based on the verbal agreement and the doctrine of promissory estoppel and detrimental reliance. In other words, you relied to your financial detriment on her agreement to pay 1/2 the rent, and based on her promise to pay she should now be estopped from saying she did not promise. However, you should be aware that the Statute of Frauds requires agreements for interests in real property (i.e., land, home, etc) to be in writing.
Please consult an experienced attorney in Starkville for further advice. Good luck.
No attorney-client relationship has been formed by this response. The response given herein should not be your only inquiry into the matter or issue. You should schedule an appointment with an experienced attorney to fully explain the facts so that the attorney can make an informed analysis and recommendation concerning your problem and advise you of your rights. The response provided is not legal advice and you should not rely upon it in taking any action without first consulting with and discussing fully your issue with an experienced attorney. Contact an attorney and schedule an appointment immediately to further discuss your case. For further information which may be helpful to your question, please visit my website at www.jonhpowell.com.