questions & answers

Question: Me and my boyfriend got an apartment together; it was $50 more than he wanted to pay. I said I would pay the $50 extra for every month that the apartment cost up front. I gave him $300 up front and told him if we were still together after 6 months I would give him the next 6 months in advance. He kicked me out but won't give me my money back. He says that I'm extorting him for money that belongs to him. I only lived there for one week, paid 1/2 of everything to move in, $25 app fee, $100 deposit, $240 which was half of the first months rent. I am just asking for the $300 back. He says it his & me asking for it back & making him pay it back is extortion. What are my rights?

Answer:

A request for return of money advanced is very unlikely to constitute extortion.  Extortion is, generally speaking, obtaining or seeking to obtain property or services by means of a threat of future unlawful action. A.R.S. 13-1804.

It is unclear from the question whether or not you are a party to the lease.  To some degree, your rights will depend on that fact.  A person who is party to a lease has the right to use the property that is leased.  However, a person who is not party to a lease does not have the right to use the property without the permission of someone with that authority.  Without knowing whether or not you are a party to the lease, it is impossible to determine what rights you may have.

In any event, the agreement between you and your boyfriend may have formed an oral contract.  If so, you may have the right to seek enforcement of the contract or to recover your losses from the breach.  For a claim of up to $2500, a plaintiff may file a civil court case in Small Claims Court.  Forms and instructions are available in the Self Service Center of the Superior Court.  To find your Superior Court, use the Arizona Courts Locator.  For guidance about a specific case, consult with a licensed attorney.