Basically, we've been keeping a dog in a no pets allowed apartment for a very long time. The landlord gave us fair warnings and threats to get rid of it but as he doesn't live in the building, we've been able to avoid both. He hadn't come around for a very long time until recently and although we've managed to avoid talking to him in person, he'll probably be giving us an eviction notice straight away for breach of contract.
We'd get the apartment professionally cleaned before leaving (um, we've managed to turn the carpet into quite a mess...) but my real question is this: The apartment lease is not under my father's name. It's under the name of a friend of the family and he doesn't live in the country anymore. I remember the landlord threatened to ruin our credit report but since the information laid down was not ours, what are the possible scenarios that could happen in our situation?
2006-12-12 07:48:59 · 7 answers · asked by Nanoka 1 in Business & Finance ➔ Renting & Real Estate
We didn't move in with the dog. The dog sort of happened. :/ Yes, we're in the wrong (as well as a few other people who keep pets despite the lease) and we plan on rectifying it somehow.
But the thing is the person whose name is on the lease has *permanently* moved out of the country.
2006-12-12 07:56:45 · update #1
We've had the dog for about 3 years and lived in this apartment a total of ~7.
2006-12-12 07:59:02 · update #2
Well since you are living there illegally, you should get out as soon as possible. Before eviction.
Not only do you have no legal right to reside there, you are breaking rules on top of that.
Because the lease, and the security deposit, is in someone else's name and social security number. If the apartments decide to return any deposit money it would go to him.
Keep proof of every dime of rent you paid. If your dad's friend ever returns to the country and needs to fix a falsified credit report, he will need your receipts to do so. Also, when you move out, make sure you take pictures (use a newspaper for date proof) of the condition of every wall, floor, cupboard, closet/bathroom before you go.
Good luck
2006-12-12 08:00:51 · answer #1 · answered by Gem 7 · 0⤊ 0⤋
Credit is not an issue because the rent ($) is not in default. The land lord could sue the person on the lease for breaking the terms of the lease (for subletting or for the dog) but would have to show actual damages to collect any money. Beyond cleaning, you might want to look into replacing the carpet and make any other repairs to the apartment due to any damage by you or the dog. This will limit any liability the the person on the lease has with the landlord upon condition but still allow him to sue for the rent during the time the apartment is vacant until it is re-rented and any expenses he incurs in accomplishing this task. The person on the lease will definitely lose the security deposit because the lease was broken.
Of course you could avoid all the trouble to everybody by just getting rid of the dog. The landlord would just assume receiving that regular rent check than having to hire a lawyer.
2006-12-12 10:03:10 · answer #2 · answered by linkus86 7 · 1⤊ 0⤋
The person who is on the lease could be in big trouble because he sub-let the apartment illegally as well as letting you break the contracted rules.
As long as the rent has been paid on time I don't think he can ruin a credit report but he could bring charges for breach of contract.
You knew you were breaking the rules of the apartment and by your own words "for a very long time" so it's not like you just kept him for a few days. You also said you had been warned repeatedly so why are you suprised you're getting the boot?
Doesn't matter if you get it professionally cleaned. He'll have to replace the carpet becuase even with cleaning, dog smell hangs around forever.
2006-12-12 08:02:29 · answer #3 · answered by parsonsel 6 · 0⤊ 0⤋
First, you haven't legally informed your landlord's of your problems. Any requests for repairs, concerns or issues need to be submitted in writing. You don't have the authority to deem the unit uninhabitable, and from what you describe, the health department wouldn't go that far. The windows, doors, outlets, and appliance issues need to be submitted in writing. You said you gave her a letter, however it's unclear if it was a demand to cancel the contract or an actual list and description of the problems. You have to give the landlord an opportunity to repair the problems before seeking other remedies. As for the neighbors, the police, not apartment security, are who enforce noise ordinances. I would request the management come an look at the damage their causing to the plants. As for the cat, it's your job to make sure unwanted guests don't enter your apartment. In the end, if the health department won't condemn the place, and they management won't let you out, (both unlikely) the only way to break your lease is for a judge to do it.
2016-05-23 15:28:21 · answer #4 · answered by ? 4 · 0⤊ 0⤋
He will ruin the report of the persdon on the lease. He may even have the Sheriff escort you out. Why did you move in in the first place knowing you were in the wrong?
2006-12-12 07:53:03 · answer #5 · answered by Anonymous · 0⤊ 0⤋
wether your name is on the lease or not ,you are the fulltime occupants of the apt. and he has the right to evict you, it will ruin the credit of the leaseholder,but he can sue you for ruining his credit...and you may be held liable to the leaseholder.
2006-12-12 07:59:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
party on
2006-12-12 08:00:19 · answer #7 · answered by walkinandrockin 3 · 0⤊ 0⤋