• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Must I pay?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

atp6009

Guest
Friend and I sign a lease together Sept. 1st
I decide to leave the apartment Sept. 15th. I ask him "are you willing to live with someone else?) he says, "yes, as long as they are the right person."
So, i put an ad in the paper and find people willing to take over my part of the lease. I leave on Oct. 1st (after giving him a check for my share of the deposit and sept's rent) with the confidence that someone would take my place. NOTE: i would never have left, nor looked for a replacement had i known that he never wanted to live with someone else.
I receive a phone call Nov. 5th (5 weeks after i left) and he wants me to pay my share for november's rent. I ask him, " You didn't find anyone to take my place?" he said, " I don't feel comfortable living with anyone but you> I signed the lease only to live with you.
I'm not paying him for these reasons:
1. He lied to me about living with someone else. I would not left if i knew that he would be asking me to pay him to live alone!!
2. He did not tell me (until 5 weeks later) that nobody took my place. How can i be expected to pay him after i made a good faith effort to find people to take my place?
3. I looked for replacements under the notion that someone could take my place. He never stopped me from doing that. In fact, after discussing possible replacements, he seemed enthusiastic and pleased.
Please Advise!!!
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by atp6009:
Friend and I sign a lease together Sept. 1st
I decide to leave the apartment Sept. 15th. I ask him "are you willing to live with someone else?) he says, "yes, as long as they are the right person."
So, i put an ad in the paper and find people willing to take over my part of the lease. I leave on Oct. 1st (after giving him a check for my share of the deposit and sept's rent) with the confidence that someone would take my place. NOTE: i would never have left, nor looked for a replacement had i known that he never wanted to live with someone else.
I receive a phone call Nov. 5th (5 weeks after i left) and he wants me to pay my share for november's rent. I ask him, " You didn't find anyone to take my place?" he said, " I don't feel comfortable living with anyone but you&gt; I signed the lease only to live with you.
I'm not paying him for these reasons:
1. He lied to me about living with someone else. I would not left if i knew that he would be asking me to pay him to live alone!!
2. He did not tell me (until 5 weeks later) that nobody took my place. How can i be expected to pay him after i made a good faith effort to find people to take my place?
3. I looked for replacements under the notion that someone could take my place. He never stopped me from doing that. In fact, after discussing possible replacements, he seemed enthusiastic and pleased.
Please Advise!!!
<HR></BLOCKQUOTE>

You are totaly missing the point here. You rented and signed the lease with the landlord, so you are liable to L for payment of the rent per the lease. Your 3 reasons above have no bearing whatsoever on your duty and responsibility to pay the rent to L. Did L agree that you could move out and does L even know? You may have a claim against your roommate but that is not L's problem.
 
A

atp6009

Guest
Good Point&gt; however, my landlord was nowhere to be seen during this situation. I tried repeatedly to obtain a copy of the lease (which i never got) and to talk to her about the situation. She was not reachable&gt; i spoke with her boyfriend, and he said that would be fine (i know that has no legal merit, but he acted as a pseudo-replacement landlord when she wasn't there)
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by atp6009:
Good Point&gt; however, my landlord was nowhere to be seen during this situation. I tried repeatedly to obtain a copy of the lease (which i never got) and to talk to her about the situation. She was not reachable&gt; i spoke with her boyfriend, and he said that would be fine (i know that has no legal merit, but he acted as a pseudo-replacement landlord when she wasn't there)<HR></BLOCKQUOTE>

Was L reachable by certified mail?
 
A

atp6009

Guest
No&gt; i continually asked the woman living in her house (a friend, relative, i'm not sure) for any way i could reach her&gt;&gt; i was told "she's gone for the week on business."
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by atp6009:
No&gt; i continually asked the woman living in her house (a friend, relative, i'm not sure) for any way i could reach her&gt;&gt; i was told "she's gone for the week on business."<HR></BLOCKQUOTE>

Your no answer is unacceptable. If you sent L a certified letter return receipt requested, you would have gotten back proof of service. It would not have mattered if L was physically there or not, because communication was legally made through the USPS.
 
A

atp6009

Guest
Mail her a letter which included my situation? She wasn't there? i lived in a duplex&gt; her apt. was right next door&gt; i shouldn't have to get a return receipt to legally prove that i made an attempt to contact her..
i'm not sure if i agree about this situation being between the landlord and me&gt;&gt; she only cares about getting the rent, and i'm telling my roommate that he is responsible for the rent.
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by atp6009:
Mail her a letter which included my situation? She wasn't there? i lived in a duplex&gt; her apt. was right next door&gt; i shouldn't have to get a return receipt to legally prove that i made an attempt to contact her..
i'm not sure if i agree about this situation being between the landlord and me&gt;&gt; she only cares about getting the rent, and i'm telling my roommate that he is responsible for the rent.
<HR></BLOCKQUOTE>

You came to this website for advice, which I gave to you. Here is a lesson in common sense and logic.

If you are a young student that does not know the L/T laws, would you believe your own thinking about what you personally feel about the situation or would you tend to believe someone that has a law degree with a specialty in real estate law that has been working on L/T cases for the past 30 years?

Since you have obviously chosen to make up your own rules, and disreguard the real laws (Virginia State Statutes) and procedures, I wish you the best of luck because you are going to need it. In the future when you grow up a little more (or when L sues your butt), you will better understand and realize this situation. Now do your homework please if you want good grades. Class dismissed.
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
believe someone that has a law degree with a specialty in real estate law that has been working on L/T cases for the past 30 years?
<HR></BLOCKQUOTE>

Wow.. that makes you at least 55 !!!.. I bet you remember doing the hand jive !
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
Wow.. that makes you at least 55 !!!.. I bet you remember doing the hand jive ! <HR></BLOCKQUOTE>

I personally know Willie.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top