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8 month to go..I dont live there they do.There are two names on the lease. One is mine. What are my rights and can I take them to the court..

2007-06-10 06:12:39 · 13 answers · asked by leopoldo 2 in Business & Finance Renting & Real Estate

13 answers

first, if you co-sign, you have to pay
second, yes you can take them to small claims court and winning is pretty much a slam dunk.
Collecting is another issue.

2007-06-10 06:15:57 · answer #1 · answered by Anonymous · 0 0

If you co sign then you are responsible to pay just as they are. that is what co-signing means. I would talk to the landlord and break the contract. Contracts can be broken you know. You will be penalized for it though. You may have to pay a portion or a penalty amount. It will be less than 8 month worth. I think you can take your friend to court but don't expect much from it. Maybe you can get the court to have your friend pay the penalty for breaking the contract. Besides that I don't think there is much more you can do unless you wrote a contract with your friend regarding such an event.

2007-06-10 13:18:59 · answer #2 · answered by mr_gees100_peas 6 · 1 0

Sorry to say, you are still responsible for the rent. You signed a contract (the lease) promising that the full amount would be paid. Yes, you may take them to small claims court. You need to prove they owe you, and what you paid. You promised that the rent would be paid. In similar cases, Judge Judy has pointed out this is not a very good idea.

2007-06-10 13:24:34 · answer #3 · answered by marie 7 · 0 0

You can take them to small claims court to get there part of the rent. But you signed the lease too. You signed this with full knowledge you would be responsible if they did not pay. This is why you don't do something like that.

2007-06-10 13:16:51 · answer #4 · answered by Windy 4 · 1 0

I would think you can take them to small claims court. You wuill have a tough time of it though, as you did agree to pay their rent for them when you signed the lease.

You are as legally responsible for the rent as the residents are as you are teh signer of the lease. The very reason there are co-signers is to make sure someone has the ability to pay the rent it the tenants default.

2007-06-10 13:23:33 · answer #5 · answered by Landlord 7 · 0 0

You are just as responsible for their rent and any other monies (late fees, damages etc...) owed to the management for this apartment.

Read the lease carefully, there may be a reletting fee (which is usually 80% of one months rent) that you can pay to end the lease.

2007-06-10 13:18:05 · answer #6 · answered by Leather and Lace 7 · 1 0

When you cosigned the lease you were accepting responsibility.

When a cosigner ends up being responsible for more than just a signature he's in great risk of damaging not only his relationship with the tenant but his CREDIT.

Yes, you can try to sue them in small claims court.

It's a bad situation..:-((
.

2007-06-10 13:54:10 · answer #7 · answered by Anonymous · 1 0

depending on your state,and verifiable hardship,you may be able to break lease with 30 days notice,but you are responsible to take action or pay,no recourse against your friends without a separate contract between you two...

2007-06-10 13:17:41 · answer #8 · answered by Anonymous · 0 0

How can they stay there for 8 months without paying? Apt Mgr will evict them if they do not pay and try to collect rent from you and them. To answer your question, yes, you can take them to small claim court.

http://www.uslegalforms.com/smallclaims/?puslf=go+form+small+claim+court&utm_source=Overture&utm_medium=CPC&utm_term=form+small+claim+court&OVRAW=small%2520claims%2520court&OVKEY=form%2520small%2520claim%2520court&OVMTC=advanced&OVADID=2293527512&OVKWID=21081934012

2007-06-10 13:20:40 · answer #9 · answered by adisma98 3 · 0 0

your stupid for one thing! no you can't take them to court you agreed to be responsible for the situation. If you weren't going to be a grown up you shouldn't have done a grown up thing.

2007-06-10 13:16:50 · answer #10 · answered by Anonymous · 0 0

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