My finance and I lived in SC, but had to move to NC for his job. We got someone to take over our lease. Our landlord said that was fine and had the new tenant sign the papers. Now she is calling me 2 months after we've left and said that the tenant has not paid her rent (even though she let her move in), and that we are responsible for the lease. Is this right? I thought once the new woman had signed the papers, she was responsible for our lease from that point on whether she paid or not. Our old landlord said the lease was not binding unless the new tenant paid, and she has not paid anything. Please help. Thanks!
2007-12-20 02:11:08 · 19 answers · asked by Douglas G 1 in Business & Finance ➔ Renting & Real Estate
Just so everyone knows, they were supposed to sign a new contract, and according to our lease, we are not allowed to sublet anyway, so this was not a sublet.
2007-12-20 03:09:00 · update #1
Also, she was supposed to pay $100 deposit before she moved in (she got one month's rent free). I don't know if she paid the $100, but my landlord let her move in anyway. My landlord did not call me about the woman not paying until 2 months after we already left. AND I have evidence that I faxed her our 30 days notice, so she knew we were leaving.
2007-12-20 03:13:05 · update #2
If the lease was transferred, then the new tenant is responsible. If the it was a sublease, then you are responsible
2007-12-20 02:14:33 · answer #1 · answered by Chief BaggageSmasher 7 · 1⤊ 0⤋
The new woman is SUB-letting the appartment. Until the original lease runs out, the signator on the old lease is still finacilly responsable for rent. However, the law differs based on your jurisdiction, so the niceties of the situation change place to place.
What this essentially boils down to is since she is not paying the rent, the unit is "unoccupied," and most leases have a blurb about you being responsible for lost rent if you should move out before the lease expires. Find-out if the woman has been kicked-out, and then talk to a lawyer familiar with SC Rental Law (or contact the state Tennacy Branch). You *may* be in the right to refuse to pay a cent while the new tennant is in the suite.
In anycase , do something immediately, as this WILL affect you credit rating!
2007-12-20 10:42:47 · answer #2 · answered by jcurrieii 7 · 0⤊ 0⤋
No. If the papers the new tenant signed were a lease, she is conning you. When she allowed you to sublet, she made the new tenant sign a contract. That new tenant is responsible for the unpaid rent fees-not you. Your landlord is pissed and trying to stiff you because the new tenant did not pay-however this sounds like it is not your responsibility any longer-however, it depends on if the new tenant signed a NEW lease. Didn't the new tenant have to pay something when she moved in? Go over everything you signed. Re-read your lease. There could be a clause that states you are responsible if the subletee does not pay. If it does not say this I wouldn't give that woman a dime. Contact legal aid in your state or go to http://thelpa.com She needs to go after the new tenant that signed those papers promising to pay. If you have exhausted responsibilty by subletting, this woman is making you an involuntary co-signer-which is totally illegal.
2007-12-20 10:22:56 · answer #3 · answered by _nicole_ 4 · 1⤊ 1⤋
She is correct, you basically subletted your place, and backed out that way, because you were responsible for the remainder of the lease they can legally do this. You would have been liable for it if you had found no one else as well. Unfortunately you got a bad tenant in their now you are responsible for both the lease and possibly any damage done to the place as long as they live there within the lines of your lease agreement.
You can fight it if you can prove that the rent was paid by the current tenant, so you dont get scammed. You might contact hem and see if they have checks or receipts for the rent they should have paid.
2007-12-20 10:21:22 · answer #4 · answered by Crystal K 3 · 0⤊ 0⤋
Your landlord allowed what is called a sub lease. Have you received a copy of the new lease that was signed? If not ask the landlord for a copy of the new lease. You have this right. If it is a new lease without you co-signing on that new lease. Then you old landlord has no legal right to harass you at all. I would contact an attorney. and for the 50-100. fee have them send your old landlord a letter stating that the harassment must stop as you are no longer on that lease.
2007-12-20 10:19:58 · answer #5 · answered by Big Deal Maker 7 · 1⤊ 1⤋
Your original lease likely has a clause that defaults responsibility to you in scenarios where you have someone take the lease over before it expires.
Definetly review the original lease and demand a copy of what the new tennant signed to be sure, but you may be stuck.
2007-12-20 10:15:33 · answer #6 · answered by Steve A 3 · 2⤊ 0⤋
no, once the new tenant signs the papers, you are no longer liable for the rent. i would look up tenant/landlord law for SC and see if you can find anything else. you signed the lease over, so you aren't responsible for it. the lanlord sounds like she's just miffed she isn't getting paid and is trying to come after you now for the money.
2007-12-20 10:16:04 · answer #7 · answered by SpiderDijonRevisted 3 · 1⤊ 2⤋
That depends on the papers that were signed...was it a new lease or was it a sublet?
New lease....you are not responsible
Sublet.... .............you are responsible
Good luck
2007-12-20 10:15:28 · answer #8 · answered by lil_sister58 5 · 2⤊ 0⤋
Was it a sub-lease? If it wasnt, you are not responsible for anything. Threaten her with telling her you are going to hire a lawyer. She will back off...
2007-12-20 10:14:30 · answer #9 · answered by clbowman06 4 · 0⤊ 0⤋
r u serious?
of course not! a lease contract is a legal document and if the other party signed accepting it all the responsibility falls onto them, once your name is out of that paper you are no longer ablidged or tied to anything, your land lord is an idiot, don't even pay attention to her
2007-12-20 10:18:11 · answer #10 · answered by a lo tuyo! 2 · 1⤊ 2⤋