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Updated about 10 years ago,
Roommate issue and MA small claims court
Sorry this is long….
My daughter is having an issue with former roommates in an apartment in Massachusetts. I’m looking for advice on whether it’s worthwhile to pursue a small claims case.
Earlier this year, she was threatened and harassed by one of her two roommates. She felt unsafe and emailed the landlord about leaving before her lease was up. The lease does not allow for subletting, however the other roommate in the apartment is a subletter and the landlord is aware she is subletting.
My dau has an email from the landlord saying the original roommate could find a replacement for my dau and that he was fine with that. The roommate agreed in an email that she would find a replacement but, she was not taking any action to do so. My dau finally advertised the room on Craigslist and sent several responses to the roommate, who still did nothing (and became enraged that my dau had done that). The roommate waited until the term of my dau’s lease to advertise the room thereby assuring that my dau would have to pay out the remaining rent on her lease—just short of two thousand dollars, which for a student in the Boston area is a lot of money.
My dau has taken initial steps to take them to small claims court to recoup this money as well as utility and internet costs they owe her and fees for a bounced check from one of the roommates. My dau has all the emails from both the landlord and roommate that make it clear the roommate should be the one to find a replacement and that both the landlord and roommate were fine with that.
I don’t know much about small claims court, so am asking anyone experienced with this to provide any advice on whether my dau has a case or should chalk it up to experience. The two roommates have threatened to request compensation of $100 for time off from work if they have to go to court.