My friend and her boyfriend broke up in April of 2007. Her boyfriend signed a document releasing her from being tied to the lease at that time. She moved out, and her boyfriend stayed in the apartment alone until the the lease ended in September of 2007. Now, a collection agency is trying to collect $250.00 from her for damages/cleaning costs for the apartment.
Wouldn't her boyfriend alone be responsible for the cleaning costs? Should she dispute this debt? Or is their some weird law indicating that everybody who stayed in the apartment is responsible for cleaning costs even though they didn't stay for the duration of the lease? The apartment is located near Phoenix, Arizona. Please advise.
2007-12-30 15:59:01 · 7 answers · asked by ? 4 in Business & Finance ➔ Renting & Real Estate
Just to clarify, the document the boyfriend signed was turned into the landlord in April of 2007. This was not just and agreement the boyfriend/girlfriend signed - the landlord did approve her to move out making the boyfriend alone responsible for the rent. Wouldn't the boyfriend then be responsible for the move out/damages/cleaning costs by himself too?
2007-12-30 16:13:38 · update #1
It would seem like he alone is responsible for the apartment. I hope she has a copy of the agreement and something from the landlord saying she is released from the lease. The collection agency is hired by the landlord and the landlord obviously is not sticking to what she said. So I think it will depend on proof. The landlord has the original lease and they are both jointly liable according to it.
2007-12-30 18:01:07 · answer #1 · answered by towanda 7 · 1⤊ 0⤋
To answer this you have to trace the items back to the original agreement. There was an agreement between the landlord and the two tenants. This included responsibility for damages to the property.
So in the eyes of the law, both are responsible for any damages done to the property. In this regard the landlord is correct in going after both your friend and her former boyfriend. this is who he had the agreement with.
your friend left and the former boyfriend agreed to release her from damages. that agreement was between him and her. The landlord was not involved in the agreement and therefor cannot be held bound by it.
Unfortunately, she needs to resolve the situation with the person she had the agreement with, name the ex-boyfriend. If she pays the landlord she should sue him in small claims court and produce the release document as evidence.
Just as a note, the proper way this should have been handled was for her and the ex-boyfriend to contact the landlord when the relationship was ending and she was moving out. The landlord most likely would have removed her from the lease and had the ex-boyfriend sign a lease only in his name.
2007-12-31 00:09:37 · answer #2 · answered by Patrick 5 · 0⤊ 0⤋
If she has a release, signed by the landlord, then she should produce it and dispute the charge. If she cannot produce this release, then she should pay the charge and throw bad juju at the ex boyfriend.
Unfortunately, that's the way that this may go. The boyfriend can say whatever to her, but unless the landlord agrees, and this can be proven by a signature, she's still on the hook.
I'm a landlord and a licensed Realtor.
2007-12-31 01:15:21 · answer #3 · answered by trblmkr30 4 · 1⤊ 0⤋
The document that was signed from her Ex-boyfriend is a release from him and that would be a civil suit against him only.
If your friend would have given a thirty notice along with a copy of those documents from her Ex. to the Apartment management then he alone would be on the hook. Right now they will go after both parties on the lease.
Your friend will now need to send off a copy of the document to the management company ( even it wont do a bit of good) It shows her reason of the non cleaning and the damages from her Ex. Then she needs to pay the $250.00 and then take her Ex. to court and sue him for that $250.00. Best of luck
2007-12-31 00:10:54 · answer #4 · answered by Big Deal Maker 7 · 0⤊ 0⤋
If she was one of the people who agreed to the apartment, then she's still liable. The boyfriend could not release her from the contract--only the landlord coud. She can use her agreement with him to sue him to recover what's she's been asked to pay.
It's not a weird law, it's called cosigning.
2007-12-31 00:05:15 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Her boyfriend doesn't have the power to release her from the lease agreement. Unless the landlord rleased her she is on the hook.
2007-12-31 00:05:53 · answer #6 · answered by Paul C 3 · 1⤊ 0⤋
Probably the document ONLY released her from responsibility for paying the rent during the remainder of the lease. Unless the agreement SPECIFICALLY released her from ALL obligations related to the apartment lease, they probably can go after her for cleaning costs under joint & several liability.
2007-12-31 09:03:16 · answer #7 · answered by Craig T 6 · 0⤊ 0⤋