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?
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?