wrongful attempt at eviction

mappel · #1 08-07-2008, 12:42 AM

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

I moved out of an apt. after my lease expired and I gave my 30-day notice to move out. The roommate I had is still living there and has not paid all of the rent. The manager and landlord sent an eviction notice with my name on it and the current roommate's name on it, even though I do not live there. He is saying I am still responsible for rent, even though the lease expired, because my roommate is still there. I would not have even known about the eviction notice, if I had not stopped by and received my mail from the mailman, so I am concerned that if the landlord takes it further and issues a notice to appear in court/summons, that I will not know about it.

1) Is it legal to give me an eviction notice if I do not live there? Shouldn't he just be trying to evict the person living there?

2) How do I find out if there has been an unlawful detainer/summons filed against me so that I can appear in court and fight it?

3) Do I need legal representation for this, or how do I go about fighting this?

I really need some advice, as I do not want anything on my record nor do I want my credit to be affected, when I did nothing wrong and this is all the current roommate's responsibility.

Thanks.

Alaska landlord · #2 08-07-2008, 12:51 AM

You may have moved out, but you are still legally responsible for damages. Non payment of rent is considered damage. Review your old lease and you should see a clause relating to "jointly and severally responsible" for the rent and damages to the apartment.
You are also expected to contact your former roommate for information regarding the lawsuit.

To fight it, all you have to do is show up. The Judge will ask you a couple of questions and then give the LL a Judgment for the amount you and your former roommate owe.

MIRAKALES · #3 08-07-2008, 01:08 AM

The lease agreement is an obligation for all parties, including LL and all tenants, to abide by the terms and conditions of the lease. The LL is obligated to maintain the premises is habitable conditions. The tenants are obligated to pay rent on a monthly basis for the premises until vacated. When the lease agreement expires, all tenants are expected to vacate and restore the premises to the original conditions. When (or if) all tenants do not vacate the premises the lease agreement is still in effect until all occupants vacate and the premises are restored. The lease agreement remains in effect until all keys are returned and LL regains legal possession of the premises. Therefore, the LL is legally justified in enforcing the lease agreement due to the lease violation and non-payment of rent AGAINST ALL LEASE TENANTS.

Eviction notices are issued to all leased tenants regardless of occupancy. It is the tenants responsibility to ensure that the premises are totally vacated and restored to original condition, not the LL’s. The eviction proceedings (and consequential damage to credit) can be prevented by paying the rent until all tenants have vacated. It is not the LL’s obligation to resolve move-out disputes between tenants and roommates.

mappel · #4 08-07-2008, 01:23 AM

The lease expired and I moved out when it did, after I had given my 30-day notice to leave. It would be considered month-to-month if I remained after the expiration of the lease, but I did not. The eviction notice states that it is for all tenants in possession of the premise, but I am not in possession of the premise and in fact, returned my keys to the manager, who told me that I did everything I was supposed to do. Then he wrote my name on the eviction notice, claiming that the landlord told him to do it.
Are you saying that I would still be responsible even if a new person moved into the apartment and signed a lease with the current tenant? What if in a month or two or five, the current tenant had problems with the rent--I would still be responsible???

mappel · #5 08-07-2008, 01:28 AM

"You may have moved out, but you are still legally responsible for damages. Non payment of rent is considered damage. Review your old lease and you should see a clause relating to "jointly and severally responsible" for the rent and damages to the apartment.
You are also expected to contact your former roommate for information regarding the lawsuit.

To fight it, all you have to do is show up. The Judge will ask you a couple of questions and then give the LL a Judgment for the amount you and your former roommate owe.[/quote]

The lease has expired.
My question is how I would find out that something had been issued against me, since I no longer live there? The former roommate is extremely dishonest and manipulative, so we do not talk. Is there a court I would contact to find out if something is filed with my name on it?

swrdmbo · #6 08-07-2008, 01:35 AM

If you both signed the lease it will be your responsibility as well as his UNTIL YOU GET HIM OUT of the apartment. The sad fact is that if he doesn't get out and the LL has to proceed with the eviction YOU will have the eviction on your record, the judgment of money owed will apply to you as well as your roommate (even though you don't live there),IT WILL MESS UP YOUR CREDIT!

Since you both signed the lease,you must BOTH be out of the apartment to truly terminate the lease.

You could TRY to get the LL to let you sign off but don't count on it. In Ohio we can go after you, your roommate, or both for any money owed.

Guess what?? As bad as this sounds, you sound like the responsible one with a job...guess who will get their wages garnished??

You would have a case against your roommate for this in small claims court but you know how that goes...Sorry.

Work on getting your roommate(former) out of there!

MIRAKALES · #7 08-07-2008, 01:57 AM

Quote:

Originally Posted by mappel

...The eviction notice states that it is for all tenants in possession of the premise, but I am not in possession of the premise and in fact, returned my keys to the manager, who told me that I did everything I was supposed to do...
Are you saying that I would still be responsible even if a new person moved into the apartment and signed a lease with the current tenant?...

A new lease agreement cannot be issued until the premises are vacated and new tenants are able to occupy the premises. The manager was incorrect to advise or imply that tenant’s lease obligations were completed. In accordance with the law, the original tenancy does not expire until all leased occupants have vacated the premises and the premises are restored to original condition. It is as simple at that! Unfortunately, tenant (YOU) has to pursue the remaining tenant for damages.

The problem with tenant scenario is that there is no new tenant and there has been no new lease agreement requested. The likelihood of that happening is null and void because the current lease agreement is in violation due to non-payment of rent.

mappel · #8 08-07-2008, 02:38 AM

Quote:

Originally Posted by swrdmbo

If you both signed the lease it will be your responsibility as well as his UNTIL YOU GET HIM OUT of the apartment. The sad fact is that if he doesn't get out and the LL has to proceed with the eviction YOU will have the eviction on your record, the judgment of money owed will apply to you as well as your roommate (even though you don't live there),IT WILL MESS UP YOUR CREDIT!

Since you both signed the lease,you must BOTH be out of the apartment to truly terminate the lease.

You could TRY to get the LL to let you sign off but don't count on it. In Ohio we can go after you, your roommate, or both for any money owed.

Guess what?? As bad as this sounds, you sound like the responsible one with a job...guess who will get their wages garnished??

You would have a case against your roommate for this in small claims court but you know how that goes...Sorry.

Work on getting your roommate(former) out of there!

If the current roommate moved out, how would that help me? They would still go after the money and probably list both of us. That wouldn't do me any good and would probably make it worse. It seems wiser to get a new person to move in and sign a new lease with the current roommate.

If a new person wants to move in and sign a new lease with the current tenant, then they cannot hold me responsible, so shouldn't that be the solution?

juber0 · #9 08-07-2008, 10:20 AM

The quicker your roommates move out, the better it would look on you. Legally. The landlord can argue the rent incured and the interest (late fee), on the lease. Also, the landlord can start eviction proceddeings to get the other tenant out of the property. Furthermore, both will be held liable in a court of law, and both will be subjected to the fines thereto. Now, what you could do is try to argue to the judge that since you were not living there, the other tenant should pay the full amount, however, don't count on it.

swrdmbo · #10 08-07-2008, 11:18 AM

If the current roommate moves out it will end
1.any MORE months of rent being due...as long as he occupies the property it is the same as if you are BOTH there (from the LL and legal point of view) for reasons stated by MIRAKALES

2.possibly the eviction

It is not in your best interest to get a new tenant UNLESS the LL is willing to release you from the contract.Since your roommate is behind in his rent, and eviction has started I don't realistically even see this as an option.

Get busy getting him out of there. You are not going to be able to stop a negative credit entry, or the eviction unless you get him out. THEN try to negotiate with the LL about payment, and go after your roommate in small claims court for what he cost you.

If you do not, then the judgment,and eviction will be on your credit report.

I don't make the rules, you asked, and that is the sad truth of your situation..

Mrs. D · #11 08-07-2008, 12:38 PM

The more I think about this, the more I think you might be kinda screwed. You LL/MC/whoever writes the leases should have given your roommate ALONE a new contract when you vacated, as you properly notified them that you no longer wished to be party to a new contract, effective at the end of the current contract. They did not do this. Therefore, LL/MC should treat roommate as a holdover, not a month-to-month tenant. Whatever, this is immaterial to your current situation, but it is good advice for the future...demand a new agreement be written w/roommate ALONE for future tenancy if you vacate before roommate again.

For your current situation, you could either try to get old roommate to move out, or just let the eviction happen. Filing a change of address with the post office would be a way that you would know if you were being served something. I think (not sure) you can also check to see if anything has been filed against you at the court.

No matter what happens, it's likely that you will have a judgment against old roommate AND YOU on the record. Pay this judgment immediately, then pursue roommate for the money. Perhaps the LL/MC would be willing to supply evidence or make a statement on your behalf in this case, as they admit you did everything right when moving out. Evidence would be a copy of the 30-day notice you sent as received by them, a move-out inspection if completed, a key sign-in log from when you returned your keys, or a statement that you took all the steps to properly end your contract at expiration. The combination of paying the judgment promptly and then suing your roommate and getting a judgment against her should mitigate most of the damage to your credit and reputation. If you are upfront with lenders/future landlords about the situation and present evidence (the judgment against your roommate from your case) that you were not responsible for the situation, but were legally liable, they will probably overlook the original judgment. Credit reports are only one of many factors used in determining your creditworthiness or risk as a debtor or tenant.

swrdmbo · #12 08-07-2008, 01:10 PM

I suggest you try to forestall the eviction by negotiating with the LL. Once the judgment is rendered IT IS ON YOUR CREDIT, and civil case record.

Don't count on being able to explain it away so easily. It is so much better to avoid it in the first place.

Can you get the roommate to move before the eviction court date? If so you will probably only owe the months rent, and filing fees. This is A LOT cheaper than getting a judgment,and eviction.

You can THEN go after the roommate for what he owes you And you keep your and history clean.

The reason I say to pay it and avoid eviction is that you are going to have to pay it one way or another.Better to pay it and avoid the bad marks on your history.

Good luck..

Mrs. D · #13 08-07-2008, 01:22 PM

But if she pays it, then roommate is no longer in default, and she might be able to continue to sit there and mooch.

Talk to your former LL. Ask him if he plans to continue with eviction, even if the money owed is paid at this point (I'm guessing by the eviction proceeding that he issued pay or quit and she didn't pay). If he's still going to boot her lazy bum, then by all means pay it and then pursue her. If, however, he isn't going to continue with eviction if the money is paid, let him evict, then pay him. I'm just trying to make sure you don't get stuck in any future conflicts concerning this former roommate.

mappel · #14 08-07-2008, 02:03 PM

Quote:

Originally Posted by tdelker

This seems very strange. Do people have real world experience where ONE of TWO roommates stays past the end of a lease and BOTH roommates get sued?

To me, it sounds like the LL agreed to allow the roommate to become a tenant-at-will and the old roommate was no longer in the picture. Especially since he is asking for rent, not an eviction. I certainly wouldn't pay it, and I would go to court, explain to the judge the deal. I can't imagine any sane judge would agree that you are reponsible for this. You fufilled the lease agreements.

Think of it this way - If you moved out and a squatter moved in before the landlord did an inspection, are you reponsible for evicting the squatter?

Tom

This is exactly the point I am making. I am glad someone finally seems to agree with me. I cannot believe that a landlord would underhandedly come after me, knowing I do not live there, that the lease expired and I did not live there past the expiration of the lease, and that I gave notice well before the lease expired to both the roommate and the management company that I would be leaving. The roommate refused to find someone else to move in. She was lazy in looking for someone and refused the people I found, and now is suffering for it--she should be the sole one responsible. I am just wondering if anyone has experience with this and would know what kind of case I would argue in court. I do have documentation of everything.

Mrs. D · #15 08-07-2008, 02:13 PM

It's not that I don't agree that the LL didn't do what he was supposed to. You had a joint and several liability lease. Therefore, your roommate's refusal to uphold her responsibilities renders you liable. If I were your LL, I would not treat her as a month-to-month tenant in accordance with the previous lease, I would treat her as a holdover from the previous lease. Better yet, I would have told her that since you opted to properly terminate the existing agreement, her choices were to sign a new agreement taking full responsibility, find a new roommate and sign a new agreement with joint responsibility with new roommate, or leave. If LL tries to argue in court that you are both now month-to-month because she failed to vacate, judge may tell him that she is not, she is a holdover (now, sometimes holdovers are considered month-to-month tenants, but still). Even if judge considers her a holdover, she still violated your (hers and your) lease agreement from the previous period. Therefore, he will likely still hold you jointly liable.

Like I said, make sure LL is going to get your beloved old roomy out of that apartment, then pay him what is owed and pursue her in court. A judge would very likely rule in your favor in SCC against her.