- April 29, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Situation Overview
Hi everyone, I’m making this post before Monday to weigh my options regarding a challenging situation I am currently facing with my ex-boyfriend. This was my first time subleasing an apartment, and unfortunately, the tenant happened to be my ex. I helped him secure the place as he was on the verge of homelessness, and the rent was only $750 a month. In addition to finding him a job to ensure he could pay the rent, I supported him throughout the year. However, things took a negative turn when he suddenly stopped paying rent in April and moved out without informing me, leaving behind damage in the apartment.
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# Detailed Exposition of the Problem
On Thursday the 25th, I had to enter the apartment forcefully to remove his belongings, as he had left without returning the key. To my dismay, I discovered graffiti and shoddy paintwork in the living room. Despite the lack of his name on the lease or as a cosigner (due to the landlord’s omission), I possess ample proof of his tenancy, his promises to pay rent, and his negligent behavior.
# Consideration of Legal Recourse
Given the financial loss of $2000, coupled with the costs and efforts required to repair the apartment, I am considering pursuing legal action against him. The building manager’s assertion that I cannot hold him accountable due to his absence on the lease is disheartening. However, the wealth of evidence proving his residency, the damage inflicted, and his verbal commitment to rent payment may serve as a solid foundation for a civil case.
# Seeking Advice and Direction
I am uncertain about the next steps to take in this challenging situation. Should I proceed with filing a civil lawsuit against my ex-boyfriend, despite his absence from the lease agreement? How feasible is it to track him down if he avoids court appearances? Your suggestions and insights on navigating this legal predicament would be greatly appreciated.
# Request for Understanding
I acted out of compassion and goodwill towards someone I believed cared about me during a difficult time. However, I now realize the importance of holding him accountable for his actions. I apologize for any grammatical errors in my post and appreciate your understanding and support.
Thank you for taking the time to read and provide guidance on this matter.
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The real question you need to ask yourself is ‘Is it worth the $2k~?’.
Court fees, tracking this guy down, *if* you win then you’ve got to get him to pay, etc etc etc…. These things all add up pretty quickly with no 100% guarantee of success. When you say ‘lesson learned’ in your post, I think that’s about where you need to stop. It’s unfortunate you’re out all this money and hassle, but I think moving on might be your best option.
I’m a firm believer of the quote ‘everyone gets what’s coming to them, but it’s not my job to give it to them,’
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You’ve done nothing wrong, there’s no need to “go easy on you”.
-For stuff this small you represent yourself so it shouldn’t be too expensive. You might wind up in small claims or arbitration. Keep your receipts.
-Organize your evidence to prove that they lived there. Run it by a friend and have them try to poke holes in it.
-Reach out (or have a friend reach out) to your ex explaining you will be filing in small claims court and offer them a chance to settle. This is largely for the benefit of the court and shows you tried to work things out before taking up their time.
-If they do agree to settle (for example $100/paycheck until the debt is paid) you issue is resolved. If they don’t finish paying then you have even more strong evidence the debt exists.
-Since you know where this person works service will not be a barrier.
-You can do an address search, have a process server leave them with the person at work or file for substituted service if those don’t work. Here’s a guide: [https://albertacourts.ca/cj/areas-of-law/civil/claims/service](https://albertacourts.ca/cj/areas-of-law/civil/claims/service)
Since this is so personal. I’d suggest involving a friend. It’s often easier to do other people’s stuff than your own, especially when relationships like this are involved. They’ll also be a more credible witness to any interactions.
Good luck!