Eviction after move out?

[JennyMac]

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

Hi everyone. I am sure this is not an uncommon situation these days but this may get long, please feel free to skip it if I get too wordy.

I was served with a summons today for "Forcible Detainer" with an answer date next week. I have a call in to a lawyer already (the lawyer who helped me with my child support case from a previous marriage but also specializes in "civil litigation") but want to get some ideas of what to expect.

From what I can understand or piece together this is essentially an eviction action, correct? And that's where things get less clear. Here is the story:

In May I separated from my current husband. Neither of us can afford attorneys and there are some unrelated issues which made us decide to wait before actually filing for divorce, but as of May we have lived completely separate. One problem was (is) that the lease on the apartment we shared was renewed in March which means there was still 10 months of the year-long lease with my name and signature (along with his). Neither of us could really afford the apartment alone nor could we really afford full rent on a separate place if one moved and one stayed.

I talked to the leasing agents and asked for my name to be removed from the lease so that I could get a place on my own. They refused to remove my name because my husband's income alone would not support the rent. The company requires proof of income in excess of 3X the monthly rent which we barely had together let alone separately, so this was a problem for me. The leasing agent then stated that I could be removed from the lease if I paid the damages on the apartment (a 3 story townhouse actually that we shared with children; 2 of his and 2 of mine) to the tune of $4500 as well as the breaking-the-lease fee of $1800. That was way too much for me so my husband and I came to an agreement that I would move out (with my children) and he would stay and pay the rent and we would split any damages charged at the end of the lease period.

So far that was fine. I have a nicer, albeit smaller place with my children and I am behind on the rent and electricity but catching up and making payments on the arrears. My new landlord (leasing company) is very understanding and my late payments and partial payments have not been an issue as of yet.

Now back to where I started, I received this summons today and now I am very confused. Obviously my husband has not been keeping up with the rent, and he is named as co-defendant, but he still lives at that townhouse, as he planned to do until the lease ends in March.

I know that I am legally responsible since I did sign the lease and I am willing to accept that and work out some kind of payment plan if I can, but my main confusion is the "eviction" aspect. Since I moved out almost 8 months ago there is no reason to evict me or "restore the premises" from me. In my answer should I ask that the action be changed from an eviction to a simple debt case (as I do owe the money) and would doing so keep an eviction off my record? I am barely making it now and would like to move again at the end of my lease to someplace cheaper, but I know I won't be able to rent anywhere reputable with a recent history of eviction.

Would it do me any good to "admit to a judgment" and make the necessary arrangements or would that be essentially the same as an eviction any way (as far as the effects to my rental/credit worthiness)?

Is it even possible to get a split judgment in a case like this? For example eviction and money damages from defendant one, and just money damages with no eviction from defendant two?

 

[FarmerJ]

Even though your not living there and havent for a while your signature on the lease puts you on the hook. Do what you can to get a payment plan worked out as part of the court settlement. This way even if it takes a long time to pay off you can pay it off and later see if your divorce atty can advise how to get it back in the divorce settlement. BTW it is normal for a LL to go after all parties who signed a lease. This is why most LLs wont allow one person of a multi person lease to just be signed off , it increases the odds of them getting the money owed to them from someone.

 

[atomizer]

Though you are not living there, you are jointly and individually responsible for the rent and are still entitled to live there. Your landlord can evict your husband or both of you. It is best to evict both so that one or the other will try to make good on the debt or so that collection procedures will stand a better chance of succeeding.

 

[JennyMac]

I understand that I am still responsible for the money; I am going to try to work out a settlement to keep at least me out of court next week.

But if I can't work out a settlement and the leasing company ends up with a judgment, which they almost certainly will, would it still be an "eviction" or could I get it changed to just a "regular" money judgment so that future landlords would not think I was kicked out of this place?

 

[FlyingRon]

I understand that I am still responsible for the money; I am going to try to work out a settlement to keep at least me out of court next week.

But if I can't work out a settlement and the leasing company ends up with a judgment, which they almost certainly will, would it still be an "eviction" or could I get it changed to just a "regular" money judgment so that future landlords would not think I was kicked out of this place?

If BOTH of you move out, they won't need an eviction/detainer case, the thing just because becomes a bad debt like anything else.

However, if it takes the court case to get your hubby out of the apartment, yes you will be tainted by it.

 

[JennyMac]

If BOTH of you move out, they won't need an eviction/detainer case, the thing just because becomes a bad debt like anything else.

However, if it takes the court case to get your hubby out of the apartment, yes you will be tainted by it.

Well that's not at all what I was hoping to hear. My husband is determined to stay put until the courts force him out- he claims he cannot afford to leave, although I am unsure how he plans to afford it any better a week from now with a judgment against him (us). But I was hoping to mitigate the damage to myself at least.

My lawyer called me back but can't help me very much since I basically have no defense against this action. He did contact "opposing counsel" for me to try to work out a settlement before court. They aren't budging though and will only accept the full amount they are asking (over $7000 at this point) and will only dismiss this action if it is paid in full immediately. Obviously that isn't going to happen so it looks like I will be taking the morning off work next week to plead my (non) case myself...I can't really blame them for wanting their money and wanting it now, but isn't it cheaper for them to accept payments from me? I know the arguments against accepting payments- I should have been doing that all along if I was able, but at this point even letting me pay $50 a month is more than what they will get when they get a judgment and there's nothing to garnish from me.

Enough of my little pity party, though...I have some more questions now.
Does anyone know (approximately) how long after the court date they will give my husband to vacate the premises before calling the sheriff (or whomever) to physically remove him? Will his having children in the home make a difference? Will the fact that it is bitterly cold here right now make a difference? If he truly had no place to go (technically he does- he could stay with family in the next town over) would they force him out on the streets with his children?

And finally since it seems certain that this is going to negatively affect me no matter what I do at this point, exactly how bad is it going to be? I live in a corporately managed apartment right now, and if I can get a good reference from them will I be more likely to be accepted at the next place I try to rent from? Do apartment/townhouse complexes usually check back further than the last place you lived or is it okay as long as the last place says you are good?

Thanks for reading this and helping me figure it out a bit.

 

[Gail in Georgia]

How quickly the eviction will occur after the judgement is made depends on the court and the schedule of law enforcement that oversees evictions. Law enforcement (often a Marshall) must be present to oversee the actual eviction (if said husband doesn't leave first) since these type of things can become violent.

The fact that there are children involved plays no role in any of this. Neither does the fact that it's winter, cold outside, etc.. Folks have been tossed out during the Christmas holidays. If you're concerned about his children, consider taking them in, even temporarily.

The eviction judgement will be on your credit history. Some landlords/management companies run credit checks on all applicants (I do), some don't. It's not easy to evict someone and for me, that's a big red flag in terms of accepting an applicant.

Gail

 

[JennyMac]

The fact that there are children involved plays no role in any of this. Neither does the fact that it's winter, cold outside, etc.. Folks have been tossed out during the Christmas holidays. If you're concerned about his children, consider taking them in, even temporarily.

Oh absolutely I would take his girls in if he would let me. I didn't mean to give the impression that I didn't care about them, I wish that I could have legally moved them in with me already. He (husband) just was not worried during our (very brief) conversation because he has kids and he thinks "no one is going to kick out a dad and his kids when it is so cold outside" and I was wondering if there was any merit to that.

The eviction judgement will be on your credit history. Some landlords/management companies run credit checks on all applicants (I do), some don't. It's not easy to evict someone and for me, that's a big red flag in terms of accepting an applicant.

Gail

The area I live in is populated mostly with apartments and townhouses that are owned and operated by large management companies- many not even in this state. I wonder if that sort of set up is more or less likely to overlook some mistakes. I am obligated to stay within this school district (custody case orders) and it is a very expensive area to live in for being Kansas (one bedroom apartments start at $900 at the cheapest, just to give an idea). I have two kids of my own at home so I need at least a 3 bedroom (again custody case orders specify no boy/girl sharing of rooms) which means rents starting at $1100. I can barely make it now (as I said earlier I am behind on things as it is) and really need to find someplace cheaper...if this judgment is going to keep me from getting someplace else...well I just don't know what to do!

 

[Gail in Georgia]

Your husband might be in for the (cold) shock of his life when he finds himself standing out in the snow.

As a (very) general rule, I've found that single landlords are often less likely to run these credit checks, large management companies that handle many rentals are more likely to. Complexes in less-ideal parts of a city may not.

Gail

 

[JennyMac]

Your husband might be in for the (cold) shock of his life when he finds himself standing out in the snow.

If it weren't for his girls being with him, the thought of him standing out in the snow kind of makes me laugh.

As a (very) general rule, I've found that single landlords are often less likely to run these credit checks, large management companies that handle many rentals are more likely to. Complexes in less-ideal parts of a city may not.

And the news gets better and better, huh? I know I have screwed this up badly. If it weren't so serious I would be laughing at myself too...but I guess it's time for the big-girl pants and to just suck it up and start getting used to the idea that my kids and I might be living on the wrong side of the tracks for a while or in less than desirable conditions. I should be grateful we have someplace at all, so that is the thought I will hold on to.

Thanks for all the help, and if there is anything else I should know before or while trying to clean up this mess I have made, please don't hesitate to let me know.

Thanks again, everyone.
Jenny