My friend got sued by landlord b/c of unpaid rent?

Question

hi.
my friend got sued by the landlord because of unpaid rent.
also, another thing is that he is underage, living alone for now.
there is no parents (The actual person that signed the rent documents), because they had left for a vacation for 2 weeks or so.
When i took a look at it, it seemed like his parents had to appear at the court?
He was scared and just dropped off the pay check at the administration office. Will this drop / cancel the charges against him?
Can he go to the court and represent his parents, then pay the rent? What happens if he doesn't go?

i meant his parents just went away for some weeks. they are the ones who signed the contracts in the first place.
but i also heard leaving a minor alone is illegal, so im unsure he should report his situation?

so the parents have to go to court?
they are not coming back until after the court date. there is no way he can represent the parents and pay the fees at court?

Answer 1

First a minor can't legally sign a contract for housing related matters. He must go to court and so does his parents if that is what the paper stated. If they don't appear before the court then a warrant will be issued for their arrest. Why is it that your friend rented a place while his parents was away and didn't pay the rent? What was his causes for not paying the rent? Did your friend do any damage to the property? If so since he is a minor his parents will have to pay for it. Did your friend enter a yearly contract and not stick with it? Did your friend lie about his age when renting the place? All those things play into it. I suggest he fess up to his parents if they don't already know. Go to court! Please note, since your friend is a minor he can't be sued actually it will be his parents who will get sued on his behalf.

Answer 2

If his parents signed the lease then they are responsible for the rent and they would be the ones going to court. It's their apartment that they let their son live in. He can't be sued for non payment.

Dropping off a check does not automatically drop the charges. If they are trying to evict, they won't cash the check. Usually, all the landlord wants is the money so they will cash it anyway.

What he should do is call the court ASAP and tell them the situation. If the court date is set to take place before the parents get back, then he needs to tell the court, "I am a minor and I/we are being sued for unpaid rent and my parents are out of town" They should be able to connect him to someone that can help.

Answer 3

A minor can't be sued. The minor should write a letter to the court attaching a copy of proof of age. The plaintiff will have to re-file the case suing the parents -- and they will then have time to pay.

The court would have to give permission to sue a minor and appoint a guardian ad litem ("next friend"). Won't happen.

You may be making a mistake though: the minor isn't even responsible. S/he could be evicted but that's all -- and not easy either. The person(s) (adult) who signed the lease can and will be sued.

The landlord and his/her lawyer must be idiots. The minor should ask for his/her costs back in the letter. (The minor should really submit a motion in standard form; but I think no court is going to expect a child to adhere to formality.)

Answer 4

Sounds like he is living alone in a rental his parents rented for him. If so, they are responsible for any unpaid rent.
You said he dropped of his pay check. If that paid the bill in full, the small claims action will be dropped.
Sounds like he is out on his own if he has a job and a place of his own. His parents are free to leave town if he is out on his own, even though he is a minor.
If they are paying the rent. Why didn't they send in a check?

Answer 5

He ought to be tried criminally for contempt of court docket (and there will be the cost of an lawyer which, i anticipate, he has subsequently far prevented). Secondly, the plantiff can ask for a precis judgement for the added expenses, which incorporate lawyer expenditures and, probable, treble damages (three times the quantity he owes + expenses). He can actual have a garnishment (a salary attachment) via the court docket until all expenses are recovered. If his rented sources grew to become into owned via a sources administration conglomerate, the end result on his credit rfile could be substantial. This lowed credit will fee him plenty extra suitable than he thinks in areas which incorporate his costs for automobile insurance, expenses of interest on loans or maybe his credit card agencies can improve his card expenses to their optimal possibility ranges (consistent with threat extra suitable than 23% from his contemporary fee). that's a vast deal. He had extra helpful seek for suggestion from with a solid, nearby training lawyer in the previous he makes a heavily silly mistake.

Answer 6

he is a minor so he cant represent them in court. and no giving them a check doesnt drop the charges. however if everything is paid in full the renter may decide to drop them.i hope he got a reciept. he should have found out prior to paying them because he could still be evicted and they will keep his money.

Answer 7

Minors can void contracts in their own names.

Answer 8

whatever you do from here in, keep a record. That is most important. You need a paper trail.