I am being sued for breaking a lease on a rent house. They are trying to place a judgement against me. I'm not even o sure what that does. Would you please explain it to me?
Sad part is, I never even had a key to this place and only stepped on the property once to view it. I paid the relet fee to break it, but the contract later has a clause stating that I may not be able to get out. I really thought I had done everything the right way and now I'm being sued for $7000.
2007-11-26 08:50:17 · 5 answers · asked by pickserena 1 in Business & Finance ➔ Renting & Real Estate
I recommend that you contact an attorney who specializes in real estate immediately.
I am a landlord and I was always under the impression that I had a duty to re rent the property to mitigate my losses.
I always was under the impression that I could only get my actual damages not the rent for the entire term of the lease.
I recommend that you talk to an attorney today and prepare to challenge this in court.
This sounds way out of line and I am a landlord myself.
2007-11-26 09:01:20 · answer #1 · answered by Anonymous · 0⤊ 1⤋
If you signed papers agreeing to lease the property for X number of $ for Y length of time then you are responsible for the term of the lease (money per month multiplied by the length of time in months).
It would appear that you do have an argument about not ever being "in possession", but if the lack of possession is due to a failing on your part (like failing to pick up the key, or missing an appointment), then it becomes an invalid argument.
I *think* you will end up paying if you signed a lease.
In the papers you have been served there is a time limit for filing a rebuttal. YOU MUST FILE A REBUTTAL to get a court hearing. In this rebuttal you are, in a clear, organized way, state your side of the story, and submit it to the court within the stated time. If this time is passed, or you let it pass, without filing a statement, AUTOMATICALLY the court finds in favor of the people suing you and issues a judgment.
Once a judgment is issued YOU OWE THE AMOUNT OF MONEY THE JUDGMENT IS FOR, no ifs, buts, or maybes.
The people you now owe can resort to any legal way to recover their money, which may include, but not limited to a garnishee of your wages, and it will ruin your credit rating.
If you do get to court, and explain your side of the story, even if the court finds you at fault awarding the money to the folks suing you, you can request time to pay, avoiding interest and keeping your credit rating intact.
That is the best I can do for you with the details you gave.
2007-11-26 17:16:52 · answer #2 · answered by Crusty P. Flaps 4 · 0⤊ 0⤋
Did you ever hear the saying" buyer beware" ? This applies to any paper or document, contract or commitment,which you make which is written and which you signed . Apparently you need a good lawyer. Unless there were witnesses, it is your word against his and most likely his will prevail.
2007-11-26 17:09:39 · answer #3 · answered by googie 7 · 0⤊ 0⤋
if they get a judgement, you can get your paycheck garnish..they can take up to 25 per cent of your check..i dont understand why you signed the lease if you only st epped on the property to view it.....70000 dollars is a little execisive i think....if yhou paid the fee to break the lease, do you have receipts...if you do, take it to court with you.......when you get the papers served, make sure you show up for your court date, with receipts...you can try to fight it ...
2007-11-26 17:00:43 · answer #4 · answered by marcella l 3 · 0⤊ 0⤋
did you signed any thing. if not, go to court.
2007-11-26 16:53:12 · answer #5 · answered by Ralph N 5 · 0⤊ 0⤋