She moved out without officially terminating the lease. I moved out recently. The court has ordered us to pay for "damages". She hired a lawyer who represents her but does not care about me so much. She demands that I pay full amount, even though I have been paying my portion of the rent religiously. It does not make sense! Her lawyer is not keeping me in the loop, and has no incentive to help me. Parallel to the court order to pay for the money "damages", the landlord has offered to settle, if I forget about my security deposit. What should I do?
2007-01-03 05:48:13 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
If the court order it paid the payments should be less than what you were paying by paying half. If the court has ordered it, your best defense to this is that the judge sees that she is trying to get get out of it without damaging her credit. If she gets away with it and I don't know how she would unless you let her move out with consent. Depends on state and judge as to what consent would be,verbal, written, rented her a moving truck, ect... Since a Judgement has been passed both your credit ratings are showing the judgement and if she gets this all laid on your shoulders she will get off your your credit and your money.
Don't worry about sueing her yet. Get a lawyer, look for one you can afford and don't talk money on the phone go talk to them and bring all the paperwork with you. If you cannot afford this one go to another. The next time the case comes up explain to the judge that you are looking for representation and you are having problems finding one you can afford but give him alist of the ones you have seen, he will want to know when you think you will find one be honest but don't say anything longer than 2 weeks. If you still haven't found one in two weeks request another two weeks and do what you have to to get one, don't go in there a thrid time without one, unless you can not find one or the lawyer can not make it to that court date. You will accomplish two things 1st you are showing the judge that you are really trying to fight this and second her lawyer charges her everytime he goes to court.
Good luck
Damages is this case would most likely be lost revenue and court costs if he had a lawyer the lawyer fees would be included. Talk to a lawyer about this before agreeing.
2007-01-03 06:24:10 · answer #1 · answered by Tim D 4 · 0⤊ 0⤋
If you both signed the lease and she did not legaly terminate her responsibility. If she did not give you and the landlord notice that she is moving, she is responsible for half of the moneys owed. If you lose your court case against the landlords then you have a small claims suit against her. I know that this is going to be time consuming and cost you some money. She obsily has some money she has an attorney!! Also I would like to ask if the lawsuit is in both of your names or is it just yours?? Her name should be stated on the lawsuit.
As far as the damages go.....what did they say that you damaged??
How long did you live there?? There is such a thing a wear and tear on a rental unit,
If you have lived there for years they can not charge you for paint or carpet, this is normal wear and tear on a rental unit. I would make sure that you ask for you copy of the reciept for the repairs for the damages. If they dont fix them they can not charge you...However if you did not clean or remove all of your items from the rental unit they can charge for that. It is usually how you rented it is how they want it returned to them.
Your security deposit is usually twice the rent, so depending on what they are charging you for and what the actual deposit is, you might think about that but the roommate should be responsible for half of that amount.
2007-01-03 06:01:51 · answer #2 · answered by ohdarnitsmeagain 3 · 0⤊ 0⤋
Does the landlord already have a judgment against you? If he or she does, I would probably settle for the deposit amount and get it over. You could always sue her for one half of the deposit amount since you are jointly liable.
If not, how long was the apt. vacant after you moved out? Are you being sued for damage to the apartment or just lost rent? What is the potential liability versus the deposit amount?
Sorry to answer a question with questions but I think that will get you thinking in the right direction.
Yahoo won't let me reply to your question. You can e-mail me directly at kwd1964@yahoo.com
2007-01-03 05:58:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You and your roommates are responsible to the landlord for covering his share of the lease. It is not the landlord's responsibilty to sort out your roommate problems -- it's not like your landlord can evict and re-rent 1/5th of the apartment. Your roommate is responsible to give the landlord a 30-day move-out notice, but has no other responsibilities to the landlord. However, you and your roommates can take the fifth roommate to small claims for his portion of the rest of the lease. A small claims judge may be convinced if you can show that all five of you applied together for the lease. I don't know what your chances of success are, but the arrangement would probably sound reasonable to a judge and the case may scare the roommate into a settlement. Your landlord may even be willing to assist you with the case by providing receipts or statements showing the deadbeat paid 1/5 rent for the first four months.
2016-05-22 23:05:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Unfortunately, under a joint lease, you are both 100% responsible. If the landlord can't get money out of one person, they can go after the other for 100%. Then, it's up to you to go to court and sue your roommate.
Your security deposit is probably less money than a lawyer will cost you, so just bite the bullet and get this behind you.
If you have any proof about who paid what or who did the damage, take her to small claims court and see if you can recover some of your money. If not, consider it a cheap lesson as far as life goes.
Good luck.
,
2007-01-03 05:49:40 · answer #5 · answered by Shaft 2 · 1⤊ 3⤋
This kind of stuff shows up on TV Court shows all the time. Judge Judy has them all the time. Pay whatever you have to pay and sue in Small Claims Court....if you lose your security deposit add that to the suit.
2007-01-04 00:08:45 · answer #6 · answered by Tom M 3 · 0⤊ 0⤋
higher your own lawyer, lawyers are not interested in the right thing, just the paying client. So you are right he doesn't care about you.
as to the settlement out of court, which will cost you more, losing the security deposit (that you already paid) or paying your half of the lawsuit, including your own lawyer?
2007-01-03 05:55:19 · answer #7 · answered by spcresha 2 · 0⤊ 0⤋
You are in what's called "Joint and several liability" which means the landlord can come after either of you for 100% of what's owed. If you have to pay it all, then your recourse is to sue your roommate for the part that she owed.
2007-01-03 05:53:51 · answer #8 · answered by Mr. Malaprop 4 · 0⤊ 0⤋
Forget about the security deposit. It's enough to get your roommate out of your life and just settle. My old roommate still owes me 500 bucks, but I figure it is enough to never have to see him again.
2007-01-03 05:52:25 · answer #9 · answered by prilshowers 3 · 0⤊ 0⤋
Hold up, here. Obviously, she doesn't care about you, so you need to get your OWN lawyer to protect your rights. I mean...she LEFT YOU! Don't think for a minute that she cares about what happens to you. She and her lawyer are HOSING you big time.
Get a lawyer....that's what you should do.
2007-01-03 05:55:49 · answer #10 · answered by Anonymous · 0⤊ 0⤋