will i be responble?

Question

I LIVED WITH SOMEONE WHERE WE WAS SHARING THE APARTMENT BUT HE WAS THER LEASE HOLDER I WAS JUST LIVING WITH HIM HE MOVED OUT ABONDONED THE LEASE THE LANDLORD SAID I PAID NOV. RENT I DIDN'T PAY DEC RENT CAUSE HE WANTED CASH NOT MONEY ORDER AND I WAS NOT GOING TO GIVE HIM CASH WITHOUT RECEIPT AND HE DIDN'T WANT TO GIVE ME ONE SO HE WANT ME TO MOVE BUT HE WANTED ME TO MOVE THE NEXT DAHY HE DIDN'T GIVE ME THREE DAY NOTICE OR ANYTHING. HE WENT AND FILED EVICTION .WILL I BE RESOPNBLE FOR THE EVITION EVEN IF I NEVER SIGN A LEASE HOW CAN I BE RESPONBLE

Answer 1

i dont think u should be responsible. but u should get a probono lawyer to help u

Answer 2

Check your local eviction laws....but normally unless you have signed the lease, started a new lease or taken over the lease you are not responsible. In most states you have to be given a 30 day notice, and he would have to prove you lived there to make you responsible for anything.

Quick Facts...

* A landlord can evict you only through formal legal proceedings.
* Types of eviction proceedings are: eviction at the end of the rental period, eviction for nonpayment of rent, and eviction because of violations of the lease agreement.
* In certain situations, a landlord may hold and sell your property for payment of back rent.
* A landlord of a house (single-family dwelling) cannot take your property for payment of back rent.
* A lockout in an apartment or house is illegal; it denies you access to your property without due process.


Eviction for Nonpayment of Rent

A landlord can evict you for nonpayment of rent any time you are behind in the rent. The landlord must follow technical procedures:

* The landlord must serve you a written, signed notice.
* The notice must give you the option to pay the rent within three days or move out. This is sometimes called a Three Day Pay or Quit Notice.
* The notice must be written and signed and must describe the property.
* You can cure the violation during this time period. If you do not, you still may have a defense to the future eviction action, or you may be able to negotiate a resolution with the landlord. See an attorney before you vacate the premise.


Eviction for Lease Violation

You can be evicted for violating a lease if the clauses in the lease are legal. Some clauses, such as the tenant's forfeiture of the entire security deposit for damages, regardless of actual costs, are illegal. The landlord must follow strict procedures:

* The landlord must give you a written, signed notice that the lease has been violated. The notice must give you the option, in the alternative, to comply with the violated lease terms within three days, or vacate the premises.
* The written notice must set forth the lease terms that the landlord alleges have been violated. The notice must be signed and must describe the property.
* If you violate the same lease terms after a written notice has been given, the landlord may evict you without giving any further right to comply with those terms. The landlord must give only a three-day notice terminating the tenancy.


As you didn't sign the lease.............I don't see how you can be held responsible.

Answer 3

You paid rent to him so even if you are not on the lease or ever signed a lease you are the renter.
If you move before the new months rent is due, you will be responsible for Dec rent.
If you go to the eviction hearing, take Dec. rent and tell the judge he would not give you a reciept and that is why you did not give him the cash and that he would not accept moneyorders.
Ask the judge if the landlord is supposed to keep the security deposit or if you can use it for the months rent.
As long as you are getting mail at the address you are being evicted from, the judge will say you are living there.

Answer 4

ok... learn use both upper and lower case, please.

and the answer to this depends on the lease and the laws in your area. Sounds like a unreasonable landlord if he would be unwilling to give you a reciept for payment, that might be illegal. If you didn't have a lease, but the landlord was accepting money from you the previous month, then you might have an ad hoc or month-to-month arrangement under the default laws where you are.

The fact that this person filed an eviction notice (with a judge, you didn't say) might lend some degree of conviction to your claims to be able to rent there, but it really just depends on the default laws if you never signed a contract. If you made a legitimate offer to pay and the person refused to give you a reciept then I would say it is murky ground, however you can't simply just say you offered to pay, you should put the money into escrow to prove the intent, rather than just stand there at this point with no evidence.

Answer 5

Document everything. You put down in your notes that he refused Dec. money order. Also, he refused to give you a receipt for cash. He might be bluffing you to see how much you know about the law just to get the cash, no receipt then evict you. You write him a respectful letter (so if he does take you to court, you won't like you did cause any problems). In the letter you tell him you are looking forward to having your day in court because you want to have the opportunity to show how unjustly he has treated you. Tell him you are ready and to let you know when the court date is. DO NOT tell him anything else. Do not say about your notes or what's in them. Do not say about the receipt, NOTHING. Make sure as the months pass you have your money orders and after he refuses, keep them to show the judge.

Answer 6

i don't see how you could possibly be held responsible when you are not on the lease. And you obviously had no problem paying him, you just wanted a receipt. So let him try to evict you, or take you to court or whatever. He wont be getting his way. Any judge would look at him and say, "why is so hard to give the tenant a receipt? And when your tenant left why did you not have the remaining tenant sign a new lease?" You don't have anything to really worry about.

Answer 7

if you dont have a lease and didnt pay rent he can drag your crap out right now and tell the cops you were squatting or that he had been nice to let you stay in nov but were supposed to evacuate in Dec. Good luck w/ that, and quit w/ the all caps. If you dont have a lease there is no formal eviction to go on your record. If your friend bailed before an eviction was posted he will not get one on his record either.

Answer 8

You're ESL, I hope. Let him call the cops if he wants you out that bad. But have the rent money when they arrive and offer to pay him. As you are not the leasee, and I don't know what state you are in, I am ignorant of your actual rights. You may still get kicked out, but at least you'll make the landlord look bad. Perhaps you'll even get the 30 day's notice.

Answer 9

If your name is not on the lease then you cannot legally be held responsible. The landlord sounds shady. He cannot make you pay cash and not give you a receipt and it is against the law to evict someone without notice.

Answer 10

Yes if you are not on the lease then he can certainly ask you to leave at any time. You really should never have stayed a single day without protecting yourself with a lease agreement, even if it was month to month.

Answer 11

This will vary by state law. In some states dwelling in anothers rented facility places you DeFacto as the Renter.