My son is up to date on his rent, however his roommate was not. The landlord said since both guys signed the lease, both had to be evicted.
2007-09-02 17:21:50 · 6 answers · asked by curious 1 in Business & Finance ➔ Renting & Real Estate
The landlord is correct. When your son and his friend signed the lease, they did so jointly and seperately. In the eyes of the landlord, your son and his friend are one entity, and doesn't care which of the 2 pays how much as long as the total rent is paid.
So when the landlord decided to evict them, he had to evict all the people on the lease. Regardless, if your son paid rent.
Your son needs to bring proof of rent paid to the eviction hearing, at least the part that determines damages. Hopefully the Judge will see this and put a judgement order for restituion only against his friend.
2007-09-03 02:16:14 · answer #1 · answered by AJ 7 · 2⤊ 0⤋
Unfortunately it's true. There is a section in the lease that says all parties are equally and jointly responsible for the rent. However, in some cases, the lease will have some sort of stipulation that says that as long as both parties agree to sign one party (your son) off the lease, he's free and clear. That's the hard part though....getting the freeloader to agree to sign.
In the eyes of the landlord, there is no "my portion and your portion". If there are two people on the lease, and the rent is $800 per month, that's exactly what the rent is. It's not "your $400 is paid and my $400 isn't".
I would check the lease very thoroughly for the roommate release addendum, or at the very least, ask the landlord if there is a separate document that can act as this addendum. But again, having dealt with this for many years, there really isn't much that can be done if both parties signed the lease. You may want to consider talking to an attorney who specializes in landlord tenant law, and find out if your county is "tenant-friendly" or "landlord-friendly", off the record of course.... that way you will have an idea of what will happen if you go to court. I feel bad for your son, I really do.
2007-09-02 17:34:57 · answer #2 · answered by princessyumyum 4 · 1⤊ 0⤋
Both individuals on the lease are equally responsible for paying the rent. The responsibilities are not simply 50/50. If the landlord doesn't get 100% of the rent, both will be held responsible. I have seen this happen many times to roommates when one decides to move out or boyfriend/girlfriend arrangements when the relationships turns sour.
2007-09-03 07:33:11 · answer #3 · answered by bb45 1 · 1⤊ 0⤋
that sucks....... i don't think much can be done.... your sone could try talking to the landlord and might have to pay some rent in advance ...... and try to find a roommate that pays rent as the other guys subleaser........ and the next time your son signs a lease with a roommmate tell him to find a place that does individual leases..........i have 3 other roommates we have 4 individual leases and water bills..... the only thing we are in together on is our utility bill and cleaning supplies......i wouldnt do it anyother way ......
2007-09-02 19:02:15 · answer #4 · answered by suesue 5 · 0⤊ 0⤋
First your son is not caught up the landloard did not rent 1/2 a unit to your son and 1/2 a unit to his roommate. It is rented as a hole and unless the landloard get the hole rent your son and his roommate will get evicted? Thats not hard to understand.
2007-09-03 06:08:36 · answer #5 · answered by Leo F 4 · 1⤊ 0⤋
simply, curious; the LL is right, the best and quickest way you can remedy if the LL is agreeable to it, is to make a deal so the LL doesn't loose any money is to ask if you can stay w/o the flake and continue to pay the rents and possibly-maybe, get a new tenant when the eviction is over or set-aside.
get rid of the flake and make a deal with the LL
2007-09-02 17:38:51 · answer #6 · answered by Anonymous · 0⤊ 1⤋