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Can I take my son's ex girlfriend to court for reimbursement of rent for 2.5 years and for reimbursement of trip I paid for her

Littleton, CO |

r/t airfare, hotel, and never agreed to let her live for free or pay for her trip to go with us. She hasjust recently moved out and has not offered to pay me. What can I do I am a widow and have 2 kids under 18 and my older son who is 22. Please let me know wjat I can do. Thank You, Pamela

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Attorney answers 4


There are a number of ways to answer this question, but the short answer is that I don't think it is going to be worth your while to sue her.

You did not have a written contract with her (I'm assuming) stating she owed rent or was to reimburse you for expenses paid on her behalf. So any claim of money owed under contract would be based on oral "contracts" you may have/may not have had. There is a theory of "unjust enrichment" in which you could say she was unjustly enriched and should be required to pay her portion, but she could counter with a number of affirmative defenses that I can think of. The bottom line is, I don't recommend suing her.

I welcome any ideas from my colleagues.


Doubtful. Without a contract, it will likely be deemed by the court as a gift.


I agree with Mr Cooper, this is probably a long shot at best. Its going to be particularly difficult to get her to pay some non-agreed upon rental amount, with no written agreement. I'd chalk this up to a learning experience. Wish there were more options for you.


The question is not whether you agreed to let her live for free or whether you specifically agreed to pay for her trip. The question is, did she ever agree to pay rent or to reimburse you for the payments you made?

If you never had that discussion then she has no legal obligation to pay you anything. You should have had that discussion with her before you paid for the trip and before you let her live with you for over 2 years. The current circumstances make it look like the only reason you're bringing it up is because she is not dating your son any longer.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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