I bought a house in September and I renew my apartment lease in June of the same year not knowing that we were getting the house. Now I have a couple with 5 kids subletting my apart. because we didn't want to pay a fine to the company because we were leaving before the lease lapsed and the people haven't pay rent since October. We had paid the rent for them because they promised to pay, but we have run out of money. We were paying for the house and the apart. Now I have asked them to pay me the money 'cause they got their taxes and they only gave me one months rent. I have a lease that I made them sign and I think I have everything legal. We are working two jobs and the people in our apartment, the husband is the only one that is working. I need a lawyer that helps me for free 'cause am broke. Is a really difficult situation and I think they have done this before.
2007-02-21 03:51:22 · 6 answers · asked by cryeve 1 in Politics & Government ➔ Law & Ethics
Was it a sublease or an "assignment"? A sublease means that you're still in the loop -- they're required to pay you and you're required to pay the landlord. You're also on the hook for all the terms and conditions of your original lease. But if you ASSIGNED your lease, they just take your place, and it's the landlord's problem not yours. Even though you may have been collecting rent, the "lease" you had them fill out may be an assignment or a sublease (of course, you may not have been able to assign your lease away). If it's a sublease, the best you can do is sue them for back rent, and, following procedures set by your state, seek to evict them for nonpayment of rent.
Oftentimes there are "pro se" "guides" to landlord-tenant law that you might be able to find with a local realtor, chamber of commerce, courthouse, city clerk, or other official, that would explain the procedure for "unlawful detainer" or whatever the eviction action is called. IN addition, see if there is a Legal Aid Society nearby -- they may take your case for free or a reduced rate and have experience with landlord tenant law (although Legal Aid usually represents the tenant not the landlord).
Be careful, though, because landlord-tenant and residential eviction laws are very touchy -- you can get yourself in trouble if you don't follow the procedures carefully.
You can also call your local bar association and ask for referrals. This is the kind of case that not too many attorneys would take on "contingency," (that is, they get fees only when you win) but probably would require a "retainer" and be paid by the hour.
2007-02-21 04:03:54 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
Does the original landlord know that you have sublet the apartment? If so, they may be of some help to you. If they aren't paying rent then they are probably doing damage to HIS property too. That would be my first recommendation.
2007-02-21 11:58:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋
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2007-02-21 12:25:52 · answer #3 · answered by citronge69 4 · 0⤊ 0⤋
If i am not mistaking, the paper she signd is legal if you take it to small claims court. explain the situtation. the judge will side on your side and she will have to pay the money back. and i would tell her to move, because she is not paying rent.
2007-02-21 11:57:21 · answer #4 · answered by sister4818 2 · 0⤊ 0⤋
I think most lawyers have a policy that they get paid if you receive money.
2007-02-21 11:55:19 · answer #5 · answered by Tact is highly overrated 5 · 0⤊ 0⤋
Try Small Claims- you don't need a lawyer.
2007-02-21 11:57:17 · answer #6 · answered by Milana P 5 · 0⤊ 0⤋