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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

Order of protection from roommate...HELP!

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Old 04-26-2008, 02:27 AM     #1
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Confused Order of protection from roommate...HELP!

My friend was leaving her alcoholic boyfriend around the same time I was getting ready to move. Neither of them were working and they were being evicted from their apt. We decided to move in together with an agreement that her old boyfriend could not come around our new home as I have a small child. I paid all the move in costs ($1500.00) and the first months rent ($1068.90) and she agreed to pay me her half back once she started working. 2 months after moving in he was spending a lot of time at our house practically living there. we got in an arguement about it one night while he was there and she shoved me while i was holding my daughter and i punched her. she got an order of protection against me so I had to move out. I tried to fight the OOP but lost b/c it was them against me and i had no proof she shoved me first so the OOP was upheld. I discussed the situation w/ our landlord and he said he spoke w/ her and she had people willing to move in and take my place on the lease so he was fine w/ me moving (even gave me a positive rental reference to my new apts) although he said since it was my good credit that got us the house the new roommate would have to have equal or better credit in order for my name to come off the lease. I moved my things out and foung another apt. My old roommate is now refusing to pay me back the money she owes me so i filed a small claims case asking for her 1/2 of the 1st months rent and the full deposit as she can get money from her new roommate for the deposit. she filed a counterclaim wanting me to pay my half or the rent for the remaining 10 months on the lease even though i legally cannot live there. The people she had lined up to move in in my place fell through and she has not gotten another roommate, the landlord will not allow her boyfriend to live there which is what she wanted b/c he is trouble.
So my question is can she have me legally removed from the property and still force me to have to pay rent there? She claims in the counterclaim that i abandoned the property. I did not I tried to resolve the conflict but she was not willing and had me served w/ the OOP so I cannot leagally be on the property or have contact w/ her. Do i have a chance in court or am I gonna get stuck paying 1/2 of her rent on top of my own rent. I'm a single mom working hard just trying to do the next right thing. Any advice would be greatly appreciated. Thank you in advance.
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Old 04-26-2008, 01:19 PM     #2
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Default Re: Order of protection from roommate...HELP!

Not really--if you all agreed or were ordered to separate then she normally takes the burden of moving forward as to the rent etc.

She could have tried to find some other solution if she wanted you to remain there.
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