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Collections Notice on Lease

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pwrman04

Guest
What is the name of your state?What is the name of your state? Ohio


I rented an apartment on Jan 4, 2003 with a friend. We both signed the lease. I moved out on May of 2003, without giving notice to the landlord(my dumb mistake). My friend and I had a verbal agreement that he would take care of the rent and I would not have to pay my half(he had other people living with him at the time). Now I am being sued by the landlord because my friend didn't pay the rent in Jan of 2004. The lease was up on Jan 31 2004. He did receive an eviction notice dated Jan 8, 2004. Now the problem is, I was not aware he did not pay the rent and now late fees have been applied to the balance due which are $17.00 a day. I was not aware of this situation, if I had been I could have lended him money to help him out. The Landlord just sent me a collections notice on May 15. They have never contacted me before this, if they had I would have paid it for my friend. My question is that why are they just contacting me now? Why was I not informed before so I could have a chance to clear up the matter and pay the rent? I am going to see a lawyer next week, any advice in getting out of the late fees? I would be willing to pay the $510.00 or half for that matter since my friend is responsible also. What, if any, loop holes can I use to get the payment lowered? Also, on the copy of my friend's eviction notice that I received, it states that there could be damage charges added to the lawsuit, but damages couldn't be assessed until the apartment was empty, I know my friend was living with his brother after Feb 2004. So how can it take from Jan 8 2004 until May 21 2004 to assess any damages? And am I responsible for the damage charges if I was not living there to ccause them? Can I fight this part in court? Thanks, sorry this is lengthy but it is a rather complicated situation.
 


HomeGuru

Senior Member
pwrman04 said:
What is the name of your state?What is the name of your state? Ohio


I rented an apartment on Jan 4, 2003 with a friend. We both signed the lease. I moved out on May of 2003, without giving notice to the landlord(my dumb mistake). My friend and I had a verbal agreement that he would take care of the rent and I would not have to pay my half(he had other people living with him at the time). Now I am being sued by the landlord because my friend didn't pay the rent in Jan of 2004. The lease was up on Jan 31 2004. He did receive an eviction notice dated Jan 8, 2004. Now the problem is, I was not aware he did not pay the rent and now late fees have been applied to the balance due which are $17.00 a day. I was not aware of this situation, if I had been I could have lended him money to help him out. The Landlord just sent me a collections notice on May 15. They have never contacted me before this, if they had I would have paid it for my friend. My question is that why are they just contacting me now? Why was I not informed before so I could have a chance to clear up the matter and pay the rent? I am going to see a lawyer next week, any advice in getting out of the late fees? I would be willing to pay the $510.00 or half for that matter since my friend is responsible also. What, if any, loop holes can I use to get the payment lowered? Also, on the copy of my friend's eviction notice that I received, it states that there could be damage charges added to the lawsuit, but damages couldn't be assessed until the apartment was empty, I know my friend was living with his brother after Feb 2004. So how can it take from Jan 8 2004 until May 21 2004 to assess any damages? And am I responsible for the damage charges if I was not living there to ccause them? Can I fight this part in court? Thanks, sorry this is lengthy but it is a rather complicated situation.
**A: did you not post this same issue before?
 
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pwrman04

Guest
Collection Notice on Lease

I posted again because there are now different complications with my lease problem.Since you did not give me a satisfactory answer other than "To bad your responsible" I thought I might try again and get a better answer. I am being sued now, and I have been summoned to court. I asked for any loop holes I could use in this situation to get out of paying the money the apartment complex says I owe. At first they claimed I owed over $1600 Due to the fact that the apt supposedly could not be re-rented. Then when I received the summons there was no mention of that. They say I owe $510.00 for Jan rent and $17.00 a day late fee since Feb 1.

But I have read several law books and I have read the Ohio Landlord/Tenant Laws as you suggested and I have found my own loophole, no thanks to your advice. There is an abandoment law that states that if I leave the premises without notice but I find a replacement tenant for the law then I do not owe any rent. I paid rent for May 2003 and left the apt on May 7 2003, upon my abandoment, there was another tenant that moved in. My so called friend was to go to the office and replace my name but he did not.

I am currently seeking a lawyer's advice, so thank you for your help, but it seems I did better on my own. :rolleyes:
 

JETX

Senior Member
Sounds like somebody took the batteries away from "pwerman04", huh??
Damn, doesn't that sound like a good nickname for some comic book hero, instead of just a comic??!!
 
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pwrman04

Guest
Collection Notice On Lease

You know, you guys are so funny!! :D You should take your act on the road, but my advice, don't quit your day job!!! :p
 

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