Ive been served, now what do I do? Ive been out of the place for over 6 months, but my name is still on the lease. Am I out of luck or is there somthing that can be done. Please help
2007-01-27 12:14:10 · 3 answers · asked by paula_5150 3 in Business & Finance ➔ Renting & Real Estate
this is on a commercial property and its the landlords policy to sub lease intsead of doing a new lease
2007-01-27 12:42:41 · update #1
First, the landlord CAN'T sub lease. Only YOU can sub lease. A sub lease is a lease written subject to the original lease.
The landlord cannot hold you accountable if you properly vacated the premises. However, if you sub leased the property to another person, and that person defaulted on the rent, the landlord has to serve you as you are the only name on the lease.
If you sub leased the property without specific permission, then you violated the terms of your lease. This puts you at a real liability. Not only are you liable to the landlord, you are also liable to the tenant you leased to.
If what I have described is essentially correct, you will have to file against your tenant to evict them.
If you vacated the premises lawfully, and have been incorrectly served, you have no judgment or record against you.
You will have to appear in court, or have a lawyer write a letter to the court, notifying it that you vacated the premises lawfully and are no longer a tenant.
Of course, you will have to have records indicating that you vacated the premises properly.
Good Luck
2007-01-27 13:27:14 · answer #1 · answered by A_Kansan 4 · 1⤊ 0⤋
You need to contact the property owner and let them know that you no longer live there. Since you cannot be evicted, as you already live elsewhere, they will want to start evicting the actual occupants. You certainly should have straightened out the names on the rental agreement when you left. Now this is going to show on your credit and everytime you apply for credit you will need to explain yourself.
Try to be helpful to the landlord in serving the current occupants the proper papers. Give them the occupants names and phone numbers and then maybe they will remove the eviction from your name, but don't count on it.
Best of luck,
2007-01-27 12:26:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The landlords "policy" is something you should not have agreed to because it leaves you on the hook if the tenant defaults.
You really need to speak to a lawyer.
2007-01-27 13:03:41 · answer #3 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋