What is the name of your state? California
So I'm in a tough situation and would appreciate any advice. 2 months ago I transferred my apartment to another person. We went to the leasing office together and signed the paper, he passed the credit check, the lady who works at the apartment told him "welcome home" and I thought I was no longer responsible as now I'm not on the lease anymore.
The manager called me a few days ago and told me that apparently the new tenant didn't sign a lease agreement, which included all the terms condition and all the details. So I went the the leasing office to get a better understanding of the situation. The manager said they have tried calling, emailing and evening knocking on his door everyday to get him to sign the agreement, but they weren't able to get ahold of him. It seems like he is refusing to sign that lease agreement. Basically he is avoiding management. The manager said the new tenant paid July rent very late. The apartment even filed an eviction on him, but he paid the rent and fees eventually presumably to avoid eviction. What I was told is that since he didn't sign the lease agreement, I was still responsible for the apartment. The manager said that he is on my side and will try to work with their legal team so I can get out of this. Just want to make it clear I'm not subleasing, me and the new tenant went to the apartment to do the paperwork and he paid the rent through the apartment's website. As far as the deposit go, I was just going to transfer it to the new tenant along with the lease.
Me and the new tenant already signed a paper that states that I'm not longer responsible for the apartment and that he is now responsible. The manager said that the transfer isn't complete until he signs an agreement. I did get a copy of the form we signed, it has my signature as the vacating tenant and his signature as the new tenant. I read over the paper and the staff didn't approve the request because the new tenant hasn't signed the agreement. However, under where the new tenant signed one of the condition was that it is the responsible of the new tenant to sign an agreement. I would have ask to have him sign the agreement on the spot, but I didn't know at the time it was required for the transfer and the staff that helped us do the transfer didn't mention it. I assumed the staff would have us complete the transfer process on the spot, but apparently not. So basically she allowed the new tenant to move in without signing the agreement and finishing the transfer. Is this legal?
As of now, August rent is due and he hasn't paid rent or sign any agreement.
So this is a very bad situation. On paper, the transfer isn't complete, but it also says that it is the responsible of the new tenant to sign an agreement and he put a signature by the terms. If he doesn't sign the agreement, it is an issue between him and the apartment. However, if you look at this situation by what happened, it is 100% the new tenant's fault. So we both already signed our part on the form to transfer the lease. He also passed the credit check which the staff who was helping us told us. Then for some reason the staff let her move in without signing the agreement. Now the apartment is chasing him for the signature and he is avoiding management. The positive part is that the manager agrees with me that it's the new tenant's issue and we didn't do anything wrong. Hopefully the legal team help us resolve this issue and hold the new tenant responsible. After all, it is clear I already moved out, he's now living there, haven't signed the agreement and avoiding management. The apartment does have his information like name, address, ssn, and etc since he did do the credit check. Now I'm just waiting on the manager who will give me updates when the legal team call him. I know I can take this the legal route but I want to avoid that for obvious reasons. So what should I do now? Should I just wait for the manager to give me update or is there something I can do? Any advice would be appreciated.
So I'm in a tough situation and would appreciate any advice. 2 months ago I transferred my apartment to another person. We went to the leasing office together and signed the paper, he passed the credit check, the lady who works at the apartment told him "welcome home" and I thought I was no longer responsible as now I'm not on the lease anymore.
The manager called me a few days ago and told me that apparently the new tenant didn't sign a lease agreement, which included all the terms condition and all the details. So I went the the leasing office to get a better understanding of the situation. The manager said they have tried calling, emailing and evening knocking on his door everyday to get him to sign the agreement, but they weren't able to get ahold of him. It seems like he is refusing to sign that lease agreement. Basically he is avoiding management. The manager said the new tenant paid July rent very late. The apartment even filed an eviction on him, but he paid the rent and fees eventually presumably to avoid eviction. What I was told is that since he didn't sign the lease agreement, I was still responsible for the apartment. The manager said that he is on my side and will try to work with their legal team so I can get out of this. Just want to make it clear I'm not subleasing, me and the new tenant went to the apartment to do the paperwork and he paid the rent through the apartment's website. As far as the deposit go, I was just going to transfer it to the new tenant along with the lease.
Me and the new tenant already signed a paper that states that I'm not longer responsible for the apartment and that he is now responsible. The manager said that the transfer isn't complete until he signs an agreement. I did get a copy of the form we signed, it has my signature as the vacating tenant and his signature as the new tenant. I read over the paper and the staff didn't approve the request because the new tenant hasn't signed the agreement. However, under where the new tenant signed one of the condition was that it is the responsible of the new tenant to sign an agreement. I would have ask to have him sign the agreement on the spot, but I didn't know at the time it was required for the transfer and the staff that helped us do the transfer didn't mention it. I assumed the staff would have us complete the transfer process on the spot, but apparently not. So basically she allowed the new tenant to move in without signing the agreement and finishing the transfer. Is this legal?
As of now, August rent is due and he hasn't paid rent or sign any agreement.
So this is a very bad situation. On paper, the transfer isn't complete, but it also says that it is the responsible of the new tenant to sign an agreement and he put a signature by the terms. If he doesn't sign the agreement, it is an issue between him and the apartment. However, if you look at this situation by what happened, it is 100% the new tenant's fault. So we both already signed our part on the form to transfer the lease. He also passed the credit check which the staff who was helping us told us. Then for some reason the staff let her move in without signing the agreement. Now the apartment is chasing him for the signature and he is avoiding management. The positive part is that the manager agrees with me that it's the new tenant's issue and we didn't do anything wrong. Hopefully the legal team help us resolve this issue and hold the new tenant responsible. After all, it is clear I already moved out, he's now living there, haven't signed the agreement and avoiding management. The apartment does have his information like name, address, ssn, and etc since he did do the credit check. Now I'm just waiting on the manager who will give me updates when the legal team call him. I know I can take this the legal route but I want to avoid that for obvious reasons. So what should I do now? Should I just wait for the manager to give me update or is there something I can do? Any advice would be appreciated.
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