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Landlord / Tenant Issues Includes Leases, Evictions, etc.



               


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  #1  
Old 07-02-2007, 01:47 AM
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Join Date: Apr 2005
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Roomates run off with rent, I get sued.


What is the name of your state? Virginia

I worked for a man who ran an electrical company. After I had been there a few months he offered me and two other employees(who I did not know very well at the time) an opportunity to rent his townhouse. We all signed the lease as cosigners. I had been giving money to the older man who was living the house and he had been paying the landlord himself. As I foolishly trusted them I never asked for a reciept and had no problems being on the lease with the rest.

After 4 months the landlord came by the house saying that they had not been paying rent(even though I had given my share of the rent for that month to the person who had been paying the landlord). I went to the landlord who was my former boss and asked him if I could move out and if that would clear me of any obligations with the lease. He said that would be fine, after asking me if I had a place to go. I said I'd already found another place(which I had).

Now, 6 months later I find out from my new landlord that he had sued me and the other 2 leasors for unlawful detainer. He never made any effort to contact me, as a former employee I had given them my new address in December to make sure I would get by w-2s. The lawsuit was filed in January. It's now too late for me to appeal I'm assuming since the case was closed in February.

What options do I have? He hasn't contacted me or made any further legal actions to collect the unpaid rent. I had moved out in less than a week after I found out that the rent wasn't being paid(I lost my security deposit and one months rent). Is there something I can do other than try and sue the other roomates? I'm not so much interested as collection money but I do not want to be held liable for the unpaid rent when I wasn't even living there. I have reliable witnesses(one a police officer) as to when I moved out and possibly(not sure yet) when I talked to him about letting me out of the lease.

Thank your for your advice. This hasn't shown up on my credit yet(thankfully, it's the only way I was able to move into my new place which is much nicer).

Last edited by shibashaba; 07-02-2007 at 01:53 AM.
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  #2  
Old 07-02-2007, 02:02 AM
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Join Date: Mar 2007
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You are liable for the unpaid back rent and unlawful detainer lawsuit just as much as your roommates.

If you CHOSE to ASS U ME you could move based on what he verbally implied without getting a full release in writing, you have nothing to defend yourself. And since you CHOSE to give rent money to a roommate without getting any proof, receipt or a written agreement between all of you..again..poor choices are not a good defense.

You may not have it on your credit report yet BUT IT IS likely on the court public records...civil or small claims for the unlawful detainer action itself...and will remain there.

When you sign a lease with roommates it is usually under terms which make each jointly and severally responsible for the performance of the lease..meaning..any ONE tenant can be held liable for the FULL AMOUNT of rent owed, etc.

Since he is your former boss...I'm not sure why you haven't tried to speak to him. That being said...the UD is there and probably not much you can do about it now. You could check at the courthouse and see if there is any sort of appeal process but it likely had to be filed within so many days. You could try to sue your former boss/landlord stating you never were served the summons/complaint and get it reversed..but...honestly the time to do that was as a defense against the UD.

I find it hard to believe that you had no idea..especially when you admit the LL came to the place while you were there and told you the rent had not been paid...probably served a pay/quit at that time?

Sure you could try and sue your former roommates but everything between you guys sounds as though it was verbal so not a lot to go on..

I would suggest you see what it will take to satisfy the judgment against you...maybe the LL will work something out to keep it from going on your credit but the UD is likely there to stay.

Any future housing contracts with roommates..you need to make sure you understand jointly/severally legal implications.
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  #3  
Old 07-02-2007, 02:42 AM
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Join Date: Apr 2005
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I moved less than a week after the landlord came to me. I had no idea he would sue me as well, since I had moved out long before. This is all based on verbal argreements, I asked him what he wanted and he said to move out. So I did. I figured I was finished with him.

I did know about the lawsuit from a coworker. I checked on it on a website run by virginia state but it only lists the first 2 defendants(I was not included). I had no idea I was included in the lawsuit and even talked to the man after the lawsuit was filed(he never brought it up and seemed happy to talk to me). I will talk to him, found out about this around midnight as I was moving in. But I'm going to talk to some lawyers first.

I did give checks to the roomate that was paying the rent, except for the last one which he asked for in cash. I didn't think about at the time, but he may have been planning to do this.


And of course, from now on, any lease I sign is going to be by myself. I've definately learned my lesson.

Last edited by shibashaba; 07-02-2007 at 02:44 AM.
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  #4  
Old 07-02-2007, 03:23 AM
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You all are jointly and severally responsible for the rent. The LL was right to sue all of you.

You in turn have to file against your former roommate if you want to resolve this.
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  #5  
Old 07-02-2007, 03:50 AM
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Join Date: Mar 2007
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I don't think you understand...you moved out but did so under a tenancy where past due rent was owed. You ARE liable for ALL unpaid rent incurred during the ENTIRE TENANCY because you signed a legal contract (LEASE) which bound you to its terms. Absent anything in writing to release you of that obligation..there is nothing to talk to lawyers about.

Your only possible defense was not being served summons/complaint BUT it's likely one was left for you at the residence and that might or might not hold up in court.

I don't understand what you mean by a STATE website that showed only the other two roommates under the UD record? If you SAW THAT and KNEW ABOUT IT..then you sure did know about the UD. Maybe your name was on page 2 or something? I have no idea what you mean by that?

Anyway...I assume NOW you have seen the record WITH your name on it and the case info?
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