Civil suit being filed against former roommate and I

[bnbrandenburg]

What is the name of your state (only U.S. law)? Ohio

A former landlord is suing my former roommate and myself for unpaid rent and damages. I will explain the situation as best as I can so that everything makes sense. I had lived in the complex for a 13 months at that point and decided to renew my lease and upgrade to a bigger apartment and my friend decided to sign the lease with me and live together. Things were great for about two months until I started seeing someone and she was over at our place a lot and he started getting very upset and ultimately decided to leave(so swiftly, that he left everything but his cloths and music equipment) I was willing to let him leave, but in no uncertain terms told him that he was still on the lease and that I could not pay the bills by myself(I was working at McDonald's at the time) Long story short, he bailed completely and I made sure my landlord was aware of this. Try as I might, I could not make ends meet and I had to break my lease and move in with my father about five months later halfway through my year long lease. My landlord was very kind and said I was not being evicted and that someone would contact us both for collections and everything would be settled. Unfortunately, my girlfriend at the time brought in a dog that ruined the carpet, I was more than willing to compensate for those damages as well.

It is a year and a half later now, I was contacted this month via a letter containing my a copy of my lease agreement and the landlord's complaints and telling me to write a response within 28 days to the lawyer. No suit has been filed at this time that I am aware of, or at least there is no court hearing I am scheduled to appear at. My question is, what should my response be? I am very confused on what I should say or how to format it. I am in no way trying to get out of anything, I just want things to be settled, preferably out of court.

 

[quincy]

What is the name of your state (only U.S. law)? Ohio

A former landlord is suing my former roommate and myself for unpaid rent and damages. ... I was willing to let him leave, but in no uncertain terms told him that he was still on the lease and that I could not pay the bills by myself(I was working at McDonald's at the time) ... I could not make ends meet and I had to break my lease and move in with my father about five months later halfway through my year long lease. My landlord was very kind and said I was not being evicted and that someone would contact us both for collections and everything would be settled. ...

... I was contacted this month via a letter containing my a copy of my lease agreement and the landlord's complaints and telling me to write a response within 28 days to the lawyer. No suit has been filed at this time that I am aware of, or at least there is no court hearing I am scheduled to appear at. My question is, what should my response be? I am very confused on what I should say or how to format it. I am in no way trying to get out of anything, I just want things to be settled, preferably out of court.

Your response will depend on what sort of "letter" you received from the landlord/landlord's attorney. If you received a formal complaint (which would be notice that you are being sued by the landlord for, perhaps, rent still owing on the rental unit and damages to the rental unit), you will want to respond in one way. If you received a settlement letter, indicating that if you pay the amount owing you can avoid a court action, you will want to respond in a different way.

In either case, you will probably be smart to have an attorney in your area review the letter received, the lease agreement, the landlord's complaint, and any other facts and documentation you may have relating to your former lease. An attorney can go over with you the options available and can work to protect your interests.

Good luck.

 

[bnbrandenburg]

No, my family and I are no longer speaking unfortunately. The first letter I received says Summons in a Civil Lawsuit and to contact the plaintiff's lawyer with a response and has a packet attached that states the plaintiff's complaints and the money they are suing for.

I also received another packet two days ago that has me a bit confused. It says Plaintiff VS (Former Roommate) Motion for default judgement with supporting affidavits attached as to (Former Roommate) only.

Plaintiff represents to the court that (former roommate) was served on Nov. 23rd, 2013 and defendants have failed to plead or otherwise defend withing 28 days of being duly served with summons in accordance with the Ohio rules of Civil Procedure.Further, that at least 28 days have passed since service of process, on the last served defendant (former roommate) has failed to plead or other wise defend, and that the plaintiff's claim involves liquidated damages. There is no just reason to delay. Wherefore, the plaintiff respectfully requests that the Court render Default Judgement in this matter against defendants in the sum of .....

Certificate of Service

It then goes on to state that former roommate is not in the military and not a minor or incompetent and another copy of the plaintiff's complaints and states again that no one is a minor or in the military.

 

[Mark Maroon]

The first letter I received says Summons in a Civil Lawsuit and to contact the plaintiff's lawyer with a response and has a packet attached that states the plaintiff's complaints and the money they are suing for.

I also received another packet two days ago that has me a bit confused. It says Plaintiff VS (Former Roommate) Motion for default judgement with supporting affidavits attached as to (Former Roommate) only.

Plaintiff represents to the court that (former roommate) was served on Nov. 23rd, 2013 and defendants have failed to plead or otherwise defend withing 28 days of being duly served with summons in accordance with the Ohio rules of Civil Procedure.Further, that at least 28 days have passed since service of process, on the last served defendant (former roommate) has failed to plead or other wise defend, and that the plaintiff's claim involves liquidated damages. There is no just reason to delay. Wherefore, the plaintiff respectfully requests that the Court render Default Judgement in this matter against defendants in the sum of .....

Look, initially you said "No suit has been filed at this time that I am aware of, or at least there is no court hearing I am scheduled to appear at." Now based on what you are saying it appears that a law suit has in fact been filed against "defendants" (I assume that means YOU and your former roommate), and apparently your former roommate has been served, and apparently the plaintiff is seeking the court to award a default judgment against your former roommate. I suspect you were officially served with the complaint, and that the plaintiff will soon be seeking a default judgment against you.

No offense, but if you can't even tell whether or not you have been sued, then you need to talk with an attorney IMMEDIATELY . Bring them all of the papers that you have related to your renting the apartment (and that you have received in the mail). As another respondent said, we cannot see what you have received, so we can't tell you what it is. You need to show it to someone will know (likely immediately) what it is and what you need to do. But you need to get correct advice right away. Do not wait another day. Usually there is cheep or free legal advice for renters, provided by your local bar association or such. It is MUCH easier to prevent your landlord from taking a default judgment against you, then it is for you to try and undo a default judgment against you.

 

[quincy]

No, my family and I are no longer speaking unfortunately. The first letter I received says Summons in a Civil Lawsuit and to contact the plaintiff's lawyer with a response and has a packet attached that states the plaintiff's complaints and the money they are suing for.

I also received another packet two days ago that has me a bit confused. It says Plaintiff VS (Former Roommate) Motion for default judgement with supporting affidavits attached as to (Former Roommate) only.

Plaintiff represents to the court that (former roommate) was served on Nov. 23rd, 2013 and defendants have failed to plead or otherwise defend withing 28 days of being duly served with summons in accordance with the Ohio rules of Civil Procedure.Further, that at least 28 days have passed since service of process, on the last served defendant (former roommate) has failed to plead or other wise defend, and that the plaintiff's claim involves liquidated damages. There is no just reason to delay. Wherefore, the plaintiff respectfully requests that the Court render Default Judgement in this matter against defendants in the sum of .....

Certificate of Service

It then goes on to state that former roommate is not in the military and not a minor or incompetent and another copy of the plaintiff's complaints and states again that no one is a minor or in the military.

First, I am sorry you and your family are no longer speaking. I hope you are able to connect again with your sister, though, for her benefit as well as your own.

Second, you are definitely being sued. What you received was a summons and complaint, and you will have to answer it. I can post back with the Rules of Civil Procedure for Ohio* to help you in filing the answer, although I really recommend you consult with an attorney in your area for help in both drafting and filing your answer to the complaint. You have a limited amount of time in which to do this.

Essentially you will be admitting, denying, or neither admitting nor denying, the claims made against you in the complaint. You will also want to provide any affirmative defenses to the claims that you may have.

The odds are pretty good that you can settle with your former landlord before the action goes to trial, if you do not dispute the amount that is owed and you have the funds to pay this amount in full. You might also be able to negotiate a lower amount (although this is not something you should count on).

If some of what is owed is rent from your disappearing roommate, you can attempt to recover from him by filing your own suit against the roommate at a later date. But, it sounds as if you still owe rent for six months or so (the time left on your lease when you vacated the rental) if the landlord was unable to rent the apartment to someone else during this time, and for the damages to the apartment not covered by the damage deposit (for example, the pet damage).

If both you and the roommate signed the lease and were responsible for the entire amount of the rent each month, the landlord can collect the full amount from either your roommate or you, or from both your roommate and you.

It appears that your former landlord earlier filed suit against your roommate and has filed a motion for default judgment against him. If he cannot (or has not been able to) reach your roommate, or your roommate has not responded to a complaint, the landlord will hope to get a default judgment against him, and either a default judgment or a judgment against you, so that he can start collecting what is owed.

I recommend, again, that you have an attorney assist you. You are probably going to find yourself having to pay quite a bit, but you do not want to pay more than what is legitimately owed the landlord.

Good luck.


*a link to the Ohio Rules of Civil Procedure
http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

 

[latigo]

First, I am sorry you and your family are no longer speaking. I hope you are able to connect again with your sister, though, for her benefit as well as your own.

Second, you are definitely being sued. What you received was a summons and complaint, and you will have to answer it. I can post back with the Rules of Civil Procedure for Ohio* to help you in filing the answer, although I really recommend you consult with an attorney in your area for help in both drafting and filing your answer to the complaint. You have a limited amount of time in which to do this.

Essentially you will be admitting, denying, or neither admitting nor denying, the claims made against you in the complaint. You will also want to provide any affirmative defenses to the claims that you may have.

The odds are pretty good that you can settle with your former landlord before the action goes to trial, if you do not dispute the amount that is owed and you have the funds to pay this amount in full. You might also be able to negotiate a lower amount (although this is not something you should count on).

If some of what is owed is rent from your disappearing roommate, you can attempt to recover from him by filing your own suit against the roommate at a later date. But, it sounds as if you still owe rent for six months or so (the time left on your lease when you vacated the rental) if the landlord was unable to rent the apartment to someone else during this time, and for the damages to the apartment not covered by the damage deposit (for example, the pet damage).

If both you and the roommate signed the lease and were responsible for the entire amount of the rent each month, the landlord can collect the full amount from either your roommate or you, or from both your roommate and you.

It appears that your former landlord earlier filed suit against your roommate and has filed a motion for default judgment against him. If he cannot (or has not been able to) reach your roommate, or your roommate has not responded to a complaint, the landlord will hope to get a default judgment against him, and either a default judgment or a judgment against you, so that he can start collecting what is owed.

I recommend, again, that you have an attorney assist you. You are probably going to find yourself having to pay quite a bit, but you do not want to pay more than what is legitimately owed the landlord.

Good luck.


*a link to the Ohio Rules of Civil Procedure
http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

I agree with all you have stated and I apologize for tacking on, But doesn't the OP have the option of interpleading the other party on the lease and asking for judgment over for the co-lessee's ratable share of any judgment for delinquent rent?

Also, what effect if any would a settlement have on the OP's right of contribution from the other co-lessee? Probably not if it is properly documented and it specifies the amount attributed to past due rent as separate from carpet damage. And the same can be said of any final judgment.

Yet if he intends to seek contribution, it would seem more practical to bring the co-lessee in now as a party to the pending lawsuit rather than file separately. Moreover, having the co-lessee in the current lawsuit would dispel any future claim by the co-lessee (defending an action for contribution) that the OP negligently failed to discover and properly defend by raising such defenses as the landlord's failure to mitigate damages.

Hopefully he will follow your advice and promptly seek the required professional help.

 

[quincy]

I agree with all you have stated and I apologize for tacking on, But doesn't the OP have the option of interpleading the other party on the lease and asking for judgment over for the co-lessee's ratable share of any judgment for delinquent rent?

Also, what effect if any would a settlement have on the OP's right of contribution from the other co-lessee? Probably not if it is properly documented and it specifies the amount attributed to past due rent as separate from carpet damage. And the same can be said of any final judgment.

Yet if he intends to seek contribution, it would seem more practical to bring the co-lessee in now as a party to the pending lawsuit rather than file separately. Moreover, having the co-lessee in the current lawsuit would dispel any future claim by the co-lessee (defending an action for contribution) that the OP negligently failed to discover and properly defend by raising such defenses as the landlord's failure to mitigate damages.

Hopefully he will follow your advice and promptly seek the required professional help.

I have a feeling that neither bnbrandenburg nor the landlord have any idea where the disappearing roommate disappeared to, so collecting anything from the roommate is probably going to be a challenge for either or both, regardless of what is done in court.

But you raise some good points that bnbrandenburg should consider - or address with his attorney if he gets one, which he really should - so thanks for "tacking on," latigo.

I just know enough to advise someone in bnbrandenburg's situation to seek help from a local attorney. And promptly would be smart.

 

[bnbrandenburg]

I have a feeling that neither bnbrandenburg nor the landlord have any idea where the disappearing roommate disappeared to, so collecting anything from the roommate is probably going to be a challenge for either or both, regardless of what is done in court.

But you raise some good points that bnbrandenburg should consider - or address with his attorney if he gets one, which he really should. You know this stuff better than I do, latigo, so thanks for "tacking on."

I just know enough to advise someone in bnbrandenburg's situation to seek help from a local attorney. And promptly would be smart.

I just realized that I have never introduced myself on here, so hi everyone I'm Brittany!

Thank you all for your advice, I am seeking legal aid in this situation and am working on a plan of action. Sadly, I have every idea of where former roommate is, though, I have not spoken to him in two years I know he has not left the city through mutual friends.

Honestly, I don't want to fight any of this anymore than is necessary. My landlord has been fully aware of the situation from the time former roommate left and it was through her that I was able to leave five months after without an eviction notice, for which I am grateful. Whatever way it turns out, I am willing to pay whatever the settlement or the judge says I have to, though my hope is to keep things out of the courtroom. I was aware from the time I left that they would be collecting for the damages and back rent and any other fees incurred if they were unable to re rent the property, I suppose I was not expecting to be sued, but that is the mind of a 20 year old for you, I didn't use my head and that's my fault.

At the end of they day, this has taught me many valuable lessons that I won't forget, and I'm going to face it like a grown up. I thank you all again for your advice and apologize if I came off a bit air-headed. I was aware that the first letter was a notice of a civil suit, I only meant that I was not scheduled to appear in court. I hope that clears things up!

 

[quincy]

I just realized that I have never introduced myself on here, so hi everyone I'm Brittany!

Thank you all for your advice, I am seeking legal aid in this situation and am working on a plan of action. Sadly, I have every idea of where former roommate is, though, I have not spoken to him in two years I know he has not left the city through mutual friends.

Honestly, I don't want to fight any of this anymore than is necessary. My landlord has been fully aware of the situation from the time former roommate left and it was through her that I was able to leave five months after without an eviction notice, for which I am grateful. Whatever way it turns out, I am willing to pay whatever the settlement or the judge says I have to, though my hope is to keep things out of the courtroom. I was aware from the time I left that they would be collecting for the damages and back rent and any other fees incurred if they were unable to re rent the property, I suppose I was not expecting to be sued, but that is the mind of a 20 year old for you, I didn't use my head and that's my fault.

At the end of they day, this has taught me many valuable lessons that I won't forget, and I'm going to face it like a grown up. I thank you all again for your advice and apologize if I came off a bit air-headed. I was aware that the first letter was a notice of a civil suit, I only meant that I was not scheduled to appear in court. I hope that clears things up!

Thank you for the thanks, Brittany. We all appreciate that.

I am glad to hear you are seeking legal assistance in your area. While it is great that you are willing to pay whatever the settlement demands, you want to make sure you are not charged rent, fees and damages that are not legitimately owing. The attorney you see will help to ensure your own rights are protected while helping you work with your landlord on a reasonable settlement. It sounds as if this can be handled amicably and without a trial.

Good luck.


(sorry for referring to you as a "he")

 

[bnbrandenburg]

Thank you for the thanks, Brittany. We all appreciate that.

I am glad to hear you are seeking legal assistance in your area. While it is great that you are willing to pay whatever the settlement demands, you want to make sure you are not charged rent, fees and damages that are not legitimately owing. The attorney you see will help to ensure your own rights are protected while helping you work with your landlord on a reasonable settlement. It sounds as if this can be handled amicably and without a trial.

Good luck.


(sorry for referring to you as a "he")

After many phone calls and dead ends I finally found a lawyer, so I am breathing a sigh of relief at the moment. Fingers crossed that things go smoothly from now on.

 

[quincy]

After many phone calls and dead ends I finally found a lawyer, so I am breathing a sigh of relief at the moment. Fingers crossed that things go smoothly from now on.

I will keep my fingers crossed for you, as well. Good luck.