I gave my mother my apartment, this is in the state of California , Btw and now she was served with a summons, a five day summons, and the manager wants her to pay all the late fees that's been accumualted by the eviction fees that the owner have to pay....is that legal...plus, now even though I moved out..they have me on the summons paper' so if she' doesn't pay an eviction will be on my record..
2007-01-15 13:59:30 · 11 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
In general terms if your name is on the lease then you are responsible. The agreement may or may not allow subletting, but whatever it says the lease controls. The original lease was between you and the landlord, and if it specified late fees and court fees and eviction fees then you would have to pay it. It sounds like they have you and your mother down as tenant and sub-tenant, so technically it looks like if she does not pay they can get it from you, almost like co-signing for a loan.
2007-01-15 14:17:25 · answer #1 · answered by Kokopelli 7 · 0⤊ 0⤋
A summons is a legal document issued by a court. It is summoning you to the court for a hearing. You may be using the wrong term here, I don't know.
Usually the summons must be issued at least 10 days before the court date, but that varies from state to state.
Sounds to me like your mother was delivered a 3 Day Pay Rent to Quit the Premises. Some states require 5 days. If you pay the back rent, penalties and fees, you get to stay.
You Cannot "give" an apartment to someone. You signed a lease and are obligated to abide by the terms and covenants therein. If the lease bars you from subletting the apartment, you may not do so. Even if you were allowed to do so, you would still be liable for all rents and damages, whether you caused them or your tenants did.
Your mother may have promised to pay the rent, but it appears she didn't.
This is instruction for every one.
The saying is "If you are free, white and over 21." While it is a little racist, it means if you are an competent adult, you are required to abide by the terms of any contract you sign.
Some judges may nullify a contract if the terms are overly onerous, but don't count on getting one of those judges. Usually magistrates handle these cases, and they can mess everyone up.
Good Luck.
2007-01-15 14:30:13 · answer #2 · answered by A_Kansan 4 · 0⤊ 0⤋
If your name is still on the lease, they probably can put your name on this. Also, you need to check the lease that was signed. It should mention in there who will pay eviction fees (which usually are passed on to the person being evicted).
If you notified them of your move and your mother moving in, they may be willing to take you off of the summons. Either way, it sounds like you or Mom are going to have to get the late fees together.
Good Luck!
2007-01-15 14:05:53 · answer #3 · answered by c21bucks 2 · 0⤊ 0⤋
Contact the local city or county. LA City has different eviction rules than most of California. I have seen someone that has been served the eviction notice and lived close to 90 days rent free and never paid a dime to the landlord.
2007-01-15 14:04:42 · answer #4 · answered by Iceplayr 4 · 0⤊ 0⤋
If you signed a lease you are obligated to follow the rules of the lease. Most likely it was not permissable for you to "give" your apartment to anyone...so legally it would be your responsibility if your mother did anything to damage the apartment, and also your responsibility for not following the contract of the least agreement. You rented from the owner...this does NOT give you the right to allow anyone else to move in or take it over because it is NOT YOURS to give to anyone
2007-01-15 14:05:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes this is all true. They can charge you all the late fees and even charge you for each month that was left on the lease. And if you were the head of the lease then yes it will go on your credit for 7 years before it's dropped. This happened to me before in the past and I just never paid it and it fell off my credit. But if you are worried about your credit and need more then you will have to pay it.
2007-01-15 14:04:27 · answer #6 · answered by pro2call10 2 · 0⤊ 0⤋
if she was not on the lease, you really had no right to give it to her. If you did notify the owners then you shouldnt be held liable. If you didnt and just gave it to her then yes they can come after you too since your name is on the lease. If she took the apartment over after the late fees had started to accumulate then you are liable either way. The only way your not liable is if the debt was not from when you lived there and if your name was taken off the lease.
2007-01-15 14:05:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋
the lease says that you can not sub-let the apartment I bet thats why you are being screwed over. check with a lawyer fast and search internet for California rules for renting , landlords etc. good luck
2007-01-15 14:06:45 · answer #8 · answered by biteme 2 · 0⤊ 0⤋
Ceck with your local Housing Authority.
2007-01-15 14:04:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Get an attorney
2007-01-15 14:02:36 · answer #10 · answered by Anonymous · 1⤊ 0⤋