I have a friend who signed a rental lease agreement, but his two roommates put their names down, but never signed. All three got thrown out of the house and the rental management is now taking my friend to court for the rent and utilities, but not the other two guys. Now my friend is trying to get money from the two, but I don't know if he will be able to since they never signed the lease agreement. Please help!
2006-08-02 17:10:02 · 25 answers · asked by unlucky8205 1 in Politics & Government ➔ Law & Ethics
The only one liable is the one who signed the lease
2006-08-02 17:12:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I think it may depend on the state...but usually it is only the person that signs the lease that is liable. The reason they put the other people's names down, is security/management wants to know who is or is not allowed to be in the apartment/house and on the premises. That is usually the only reason that their names go on the lease. Some places will allow for your friend to take the other roommates to court, since their being there/on the lease is an indication they lived there as well. But your friend will have burden of proof and unless there was some written agreement between the three of them...your friend will end up solely liable and at a huge loss in more ways than just financially.
2006-08-02 17:20:51 · answer #2 · answered by Ev 2 · 0⤊ 0⤋
Unfortunately, the person who signed the lease is liable. He might be able to take the other 2 to small claims court based on verbal agreements, but he would need proof that the other 2 lived in the place and paid rent. Also, that they received mail at the address which is in conflict. Good luck!
2006-08-02 17:15:36 · answer #3 · answered by Cub6265 6 · 0⤊ 0⤋
So they filled out the paperwork, but just never signed it... Hmm. Have they ever made a payment to your friend that can be documented?? If they had, I'd say that your friend could go after those two friends in a small claims court. But it would probably be tough... getting the money back that is.
Just remember, there is the concept of a verbal agreement. So if any payments were made (i.e. check that was made to your friend.. or cash with receipt written, or whatever... ) this implies that his/her friends had a contract with your friend of verbal nature. But that is between the two friends and your friend, not the landlord.
Good luck! - and be thankful you're learning about contracts ... the easy way. This is a small contractual mistake.. it may seem big, but not after you buy your first car or house.. or own your own business. Then it gets worse! :)
2006-08-02 17:17:00 · answer #4 · answered by game buddee 3 · 0⤊ 0⤋
They are not legally bound by the lease, since they never signed it.
The only one responsible is the one on the lease. If the two roommates are really responsible, they might be convinced to help the lease holder with the bills, but they are not legally obligated to do so.
2006-08-02 17:13:53 · answer #5 · answered by rita_alabama 6 · 0⤊ 0⤋
If your friend can demonstrate that the other two guys received mail there or that the address was used as a mailing address for something like utilities, medical, or school bills; your buddy could get copies of those to prove in court that it was their legal residence over an extended period of time. Some of those items may even be laying around. He should be able to sue them for the amount due in civil court. He will need lots of proof, but it can be done.
2006-08-02 17:21:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The ones who signed the lease are responsible for the rent and utilities. If your friend didn't sign the lease, then he's okay. They can't make him pay for anything as long as his name isn't on some sort of documentation.
2006-08-02 17:15:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes, the two gentlemen who stayed in the apartment with your friend can be held liable for the past rent and utilities and any other expenses that were incurred during their stay and the eviction process. Tell your friend he can go to the local library and ask for the most current landlord/tenants rights book every state has one. But your friend is probably going to have to sue the other two if he is really serious about getting his money back.
2006-08-02 17:18:40 · answer #8 · answered by a landlord 1 · 0⤊ 0⤋
Yes. You have obvious evidence of a vocal contract. As in there is a standard agreement meant to bind anyone in the situation of the roomates, they obviously were aware of it and they obviously agreed to it.
Your friend will most definitely win a judgement against these two. However, collecting on that judgement is better said than done. This will crush their credit rating but require persistance on the part of your friend to contact the friend of the court, run discovery on their bank accounts and employment and get the sheriff to seize their assets or issue an order of garnishment to their employers.
2006-08-02 17:17:26 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If they didnt sign the lease, they are not legally obligated to pay. However, certain states have rules about legally being a resident if you stay there a certain amount of nights a week so I would talk to a lawyer to find out what the laws are in your state
2006-08-02 17:13:53 · answer #10 · answered by pittycolors 2 · 0⤊ 0⤋