In shared living arrangements, when one roommate fails to pay their share of expenses, the other roommate may face financial losses including overdraft fees and eviction costs, and courts may award damages based on documented evidence of unpaid obligations.
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Roommate FalloutAdded:
Plaintiff Kristie Whitlock says she told the defendant she was a lesbian before they moved [music] in together and the defendant swore her sexuality wouldn't affect their friendship. However, Kristie claims the defendant's attitude quickly changed and the defendant was rude [music] to her friends. Kristie's suing her former roommate for eviction and overdraft fees. Defendant Brittany Baker insists [music] she never had a problem with the plaintiff's sexuality.
In fact, Brittany claims the plaintiff was the one [music] who was concerned with her sexuality. Brittany's counter suing her former roommate [music] for withheld property. Start with you.
Brittany and I met when I was in high school. We were real cool.
Like a few days beside before we decided to move in with each other, I told her I was lesbian. She was like that won't ruin our friendship, but she showed me otherwise. I mean, she started acting real different. Like if she'll see people that come over my house, she'll walk in sometimes, don't speak. Okay.
>> Stuff like that. Yes. If I may, that's not true. I didn't have a problem with her being gay. She had the problem because I wasn't gay. She didn't respect the fact that I wasn't a lesbian and bisexual. Because she would do things like she bet our manager $50 that if I went to the club with them one night, I had no choice but to become gay. And I felt uncomfortable around her friends because every time I came home they were there. They didn't speak to me. They would eat all the food. And she was the she was the one who was uncomfortable with me not being gay. Did you bet anyone that you all could turn her out?
No. All right. Like I was saying, we moved in in October 2006. Okay. She didn't have established credit, so end up everything having to be in my name. We worked together. We had a job together and this until November. In November, we both quit our job. She end up not getting another job till I think like when it was almost time for us to move out the apartment.
Well, for her, right before she left, which is February or March. Um, guess like paying rent just wasn't a priority for her. I mean, every time I spoke to her and I'm like, "Britney, it's time to pay rent." It was always some runaround and we were always getting into it every time rent was due. She was spending her money on other things, but not rent.
>> Hold on, ma'am. How long did she go without paying rent?
>> She paid rent all the way up to January.
The last time she paid money was >> you all having?
Okay, so February came, she told me she put the money in my bank account, which she didn't, causing me to get a overdraft and my mom can speak on that, your honor. Come on up, ma'am. I'm Norma Dale with Lakwista's mom, and my name was on Lakwista's checking account. So, when her account became overdrawn, funds were automatically taken from my account. How much were you overdrawn?
>> $105 for three transactions. You're suing ma'am for $545.
>> rent, the rent plus the overdraft fees, sir. Okay, so the rent, one more time, was how much?
>> $3,175.
That's for the That's including all the eviction fees and stuff like that.
>> $3,100 and $75.43.
>> All right, now let's try again. How much does she owe you for the overdraft fee?
$545.31 and >> because your mother just said it's $105.
I just have a move-out statement and it's all broken up. Would you like to see the move-out statement?
>> And how much does that say?
It says I mean, it charged for a lot of stuff. Um, termination fee $716.
>> amount?
It's I just have a move-out statement which has the the breakdown and everything. It says $3,175.43.
>> you. And that all has to do with the rent and the eviction fee.
>> Yes, sir.
>> It has nothing to do with overdraft fees.
>> No, that's separate. And what is that?
The separate overdraft fees. $545.31.
You told me it was $105 earlier.
>> Yes, the over- I mean the overdraft because it was that month's rent plus the >> No, remember we just talked about the rent?
>> Okay.
May I speak, Your Honor?
>> [laughter] >> Go ahead, ma'am. Okay, bae Well, we had both had a job. She got fired. She got fired because she never wanted to come to work. This is what my manager explained to me. She never came to work.
She'll go to the clubs, didn't want to wake up the next >> May I speak, Your Honor? What about you?
I I stopped going to work because our manager ended up getting fired.
>> All right, good enough. Let's move on.
You're not being sued for not going to work.
>> Okay, and with her with her suing me for I'm not sure, neither is she, but um You just heard it, $3,175 for the rent and associated eviction costs and $105 for overdraft fees. Okay, let me explain it. February came along, she said, like she just said that I told her I I put in her account, that's not true. Mhm. When February came along and rent was due, I explained to her, I said, "Christie, I might not be able to have the rent this month. What you need to do is if you have your half of the rent, you need to go on ahead and make a money order and pay your half because some is better than nothing." Instead, she wanted to go on ahead and pay write out a check when she already had an overdraft in her account because previous to that, she paid the rent with a bounced check. What months other than February does she owe for rent? March.
Just 2 months? Yes.
So, how does the rent exceed $3,000 if she only missed 2 months? Would you [snorts] like to see the move-out Yes.
Ma'am, how many months of rent did you miss?
February was the only month of rent I missed and as well as she did, she didn't have no no funds in her account.
May I speak, Your Honor?
How much was the total amount of rent that 760. And Ma'am, did you pay all of your rent doing this uh >> Yes, I did. question. Yes, I did, Your Honor.
It says the balance as of April 1st was $892, right?
Because I didn't pay one April This says as of April 1st.
>> You didn't pay when?
>> I didn't pay March's rent. Okay, but you >> That's when I got evicted.
>> Did you recall just telling me that you paid all your >> I was No, I was thinking of February. I was thinking of February.
>> you which month. Sir, I paid all I paid all of mine for February. That's where the overdraft came in.
>> me you didn't PAY APRIL ALSO.
NO, you listen. You just told me you didn't pay April. Give me all the receipts for everything you paid that's on this list. Your Honor, may I speak? I don't have any receipts, though. Okay.
So, Whitney, when I gave her the key in in the March, so I feel that she owes me for March.
>> That's enough.
What do you want? Tell me. She put me out in March, the 2nd of March. She put me out.
>> March 2nd, she puts you out. Why?
>> of March, because we got into a argument because she told me if I didn't pay her mom by that Friday, she was going to beat me up, and she was going to do this and do that, and that I owe her mother for her overdraft fees. Like I stated to Kristen >> Is this true? May I speak, Your Honor?
About this.
>> Yes, I did say that. Okay, so you did illegally evict her. Because I was No, I didn't evict her. I told her she needed to pay my mom her overdraft fees.
>> they must get out. No, I did not tell her to get out, sir. I just asked her, and you said yes.
>> asking me about paying her the money for the March.
>> I was very clear. So, you put her out in March. Ma'am, that's enough. I'm going to dismiss your case if you keep talking over me.
Let's get to your counter claim of $350 for the withheld property. She put me out. When?
March.
A week or so after that she called me about the keys. She asked me for the keys because she said she was moving someone else in. So I came and I left the keys in the mailbox.
May I ask you a question?
>> So she Yeah, hold on. Mhm. Okay, um Britney moved out sometime in March. She did not She held my keys all the way to the end of March. I was telling her I needed my keys because I was trying to move somebody else in so they can pay help me pay the rent. Britney left the >> did have someone moving in? Yes. And they couldn't afford it?
>> me. No, somebody moved in. Britney It took them a while to move in. The end of March.
>> When did they move in? The end of March?
Okay. I'll grant you $760, which is the two months rent that she owes. She says she doesn't owe March.
I'm giving you the benefit of March.
However, these [clears throat] issues or these things that you have shown me all were a result of your eviction in April. She had nothing to do with your eviction in April because in March you had a new roommate responsible with you for the rent. Your judgment, ma'am, is $760.
>> No, nothing else. Your judgment, ma'am, is $760.
The withheld property, do you have evidence or did you ever get your property back? I've never got it. I don't know where it is.
>> to? The leasing people told me I couldn't I There was no way I could have gotten it back because of her.
>> about getting your property back? I didn't hear from Kristy in April.
>> ask her for your property?
The Kristy never had a working number for me.
>> an obligation to try and get your property. What you're telling me now is that you didn't. Please have a seat, ma'am. You all are not going to keep confusing this. Your case is dismissed.
You had an obligation to go and try and get your furniture and you did not even ask her.
Have a good day, ladies.
>> [applause]
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