My friend is being evicted. She has been issued a summons to go to court, but they have also issued her Fiance a summons saying that he owes her back rent also. He lives with her most of the time, but he is not on her lease. Can they do this?
2007-08-21 06:01:28 · 11 answers · asked by Kara H 2 in Business & Finance ➔ Renting & Real Estate
Well, one way or another the fiance WILL be evicted. If he brings up the defense that he isn't on the lease in court under oath. Thank you very much, you have just confessed to the crime of trespassing, theft of services and probably some other offenses. If the fiance isn't on the lease, then HE HAS NO LEGAL RIGHT TO LIVE THERE
So he is either the sub-lessor and owes her rent and thus the landlord rent OR he is a trespasser and the landlord sues him for civil damages for theft. Pick your poison
2007-08-21 07:00:36 · answer #1 · answered by Craig T 6 · 1⤊ 0⤋
Actually no they cant do that legally. I would call around andg
get advice from an attorney but no the person on the lease is
the one responsible for paying it. They could take the fiance to small claims court tho,,you cant just move in somewhere and knowingly live there free. Either way,,you both could owe money. sorry.
2007-08-21 06:19:17 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Then he isn't being evicted i'm hoping they the two comprehend that she would be in a position to LOSE and that when she loses, there will be a judgement entered and in maximum states your pal will could desire to pay the owner's criminal expenses/sequence expenditures, the court docket expenditures as properly because of the fact the delinquent employ. And as quickly as a judgement is entered, the owner can bypass decrease back and renew it till it incredibly is satisified. meaning that throughout the time of the destiny in the event that they opt to purchase a house, opportunities are high stable the lender would require them to sparkling up that previous judgement sitting on her credit rfile. OR if it slips with the aid of that the owner can record a lien on the residing house if her call is on the deed. as quickly as the judgement is entered, the owner could additionally take steps to garnish her wages to fulfill the judgement. i'm able to allow you to comprehend from journey that judges do not look kindly on those that don't pay their employ. So incredibly you are able to tell the fiance this, somebody is going to pay and he could get away being held rapidly to blame yet while they get married this debt will proceed to hang-out you till it incredibly is paid. So be arranged to be denied leases, pay bigger rates of activity, be denied credit enjoying cards or presented lesser products, etc. A judgement is the worst difficulty you have got on your credit rfile wanting a financial ruin.
2016-10-16 08:40:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your friend is being evicted in her name and "et al" - latin for "and others" . The fiance got a summons because he is the "and other". Doing it this way, the LL doesn't have to file a separate eviction action against him as a squatter or for whatever reason he may come up with as a claim to retain the rental in her stead.
2007-08-21 06:11:33 · answer #4 · answered by NeighborLady 4 · 2⤊ 0⤋
KERA, THE SUB-TENANT BECAME A TENANT WHEN HE STAYED MORE THAN 14 DAYS,
you are on a mo-to-mo tenancy and will be evicted at the same time the ST is if the court papers state his name on them...if not, he can stay and the sheriff cannot remove him until he's drawn into court.
You are both equally responsible for the rents, if the LL doesn't get the money from you , they'll get it from him or at least a judgment.
2007-08-21 06:33:53 · answer #5 · answered by CW L 3 · 1⤊ 1⤋
in a lease it says that you have to give information of the people who will be occupying the space. if he lives there it is a violation of lease, however unless you live in a rent controlled apartment he cant be ordered to pay any money. but if it is then his income would be counted and he would be charged the difference
2007-08-21 06:36:33 · answer #6 · answered by TFB 2 · 0⤊ 0⤋
summons means you show up in court or a default judgment will be issued against you
fiance needs to argue in court that he isn't liable and therefore shouldn't have been summoned.
pls check local/state landlord tenants law -- google will find it for you.
:-)
2007-08-21 06:05:58 · answer #7 · answered by Spock (rhp) 7 · 1⤊ 2⤋
Not if he's not on the lease. If he's not on the lease, then how did they get his information?
But technically he can't be living there without being on the lease either.
2007-08-21 06:11:46 · answer #8 · answered by Anonymous · 1⤊ 2⤋
The boyfriend has to be names if he is over 18 and living there. He owes rent by default, you can't just move into someones property and expect to live there rent free.
Can they do this? They already did. He needs to show up even if he wants to claim he has the right to freeload off of the property owner.
2007-08-21 06:08:34 · answer #9 · answered by Landlord 7 · 2⤊ 4⤋
He was not on the lease therefore he not the person to be sued. She would have to sue him in small claims court...................
2007-08-21 06:10:45 · answer #10 · answered by John B 6 · 2⤊ 1⤋