Breaking a lease

[gavinrox18]

I live in New Hampshire and when I was 19 yrs. old my parents got divorced and me, my mom, and sister moved into an apartment together. Now when it came time to fill out all the paper work, I was told I had to be on the lease since I was over the age of 18 in order to live there with my mother. I had no choice but to do it but I told them that there was no way I could pay for the rent etc. since I was only working a short time and was about to quit my job to go to college full time. I was still forced to sign the lease. So to make a long story short, we lived there for a year and when the lease ran out my mother signed a new one and 2 months later ran out of money and couldnt afford the apartment. She was behind on rent and eventually got evicted. Now they are charging me 11,000 for the rent for the rest of the year we werent living there. My mom has no job so they want my money. What do I do? I just dont think I should be held responsible regardless of the lease I had to sign. I was a full time student, how can they expect me to pick up the slack if my mom didnt? Any help would be great, I am really upset about this and am not sure what to do. Thanks...

 

[Ladynred]

How long ago did this happen ?

Did they rent the apt again after your mother was evicted ?

I suggest you consult with a lawyer on this. It may be possible that you should not have been forced to sign that lease, but only a lawyer can help straighten this one out.

 

[JETX]

"when the lease ran out my mother signed a new one"
*** If that is correct AND if you did not sign the new lease, you have no obligation to the landlord. Simply, when the landlord accepted the new lease signed by your mother, he waived any prior lease obligation as to 'previous' lessees (you).

"Now they are charging me 11,000 for the rent for the rest of the year we werent living there."
*** Simply, they cannot do that. The landlord is required to take reasonable efforts to mitigate their damages. Simply, that means that in the event a tenant breaches the lease, the landlord must try to re-lease the property to a new tenant(s). And the minute that the new tenant lease starts, the breach tenants obligation ceases. The only way that the landlord could do as they are trying would be to NOT get a new tenant for ANY of the remaining lease term of your mother. Simply, the landlord cannot 'double-dip' by collecting rent from your mother AND from a new tenant at the same time.

"My mom has no job so they want my money. What do I do?"
*** Start by telling them to put their 'expectations' were the sun doesn't shine. They are full of more crap than a spring turkey.

 

[gavinrox18]

This happened in April of 2003. According to them they werent able to rent the apartment to anyone after we left for whatever stupid reason. The collection agency is calling me at work telling me they are going to take so much money out of my check to pay for this and I just get so mad. I dont understand how they can expect someone my age to take on such a responsibility, are they insane? I am really thinking about just getting a lawyer and if it comes to it going to court to solve this. What do you think my chances are of winning this?? Is it hopeless?? HELP

 

[Ladynred]

Get a lawyer. As JetX stated, by law the landlord MUST make an effort to re-rent the apartment and he/she would have to prove, in court, what efforts were made (or not) and exactly WHY they couldn't find a new tenant.

The threats of garnishment are premature - they can't take squat unless they sue you first and win a judgment. So, you really DO need to get a lawyer. Your age isn't an issue here, but the landlord's failure to find a new tenant, and the presence or absence of your name on the new lease IS an issue.

 

[JETX]

Personally, I think getting an attorney at this point would be excessive. Simply, as noted in my post, you have NO legal obligation to them (as your name is NOT on the current lease). And though your mother might have a liability, it is no where near the full amount they are claiming.

Personally, next time they contact you, I would make it clear that they are NOT to contact you again as this is not your debt and that if they do, they are subject to possible lawsuit or charges by YOU. Keep detailed records of their calls, (date, time, location, who, brief content, etc.).

And if it truly gets excessive, then simply send the OWNER a very nice "Cease and desist" letter (certified RRR) instructing him to NOT contact you again, and if he does, you will sue his ass!!

Ladynred, is right.... you are focused on your age and the issue of payment. Ignore those as they are not relevant. The ONLY issue here is your LACK of obligation to these nitwits.

 

[gavinrox18]

Well to be perfectly honest with you, I can not remember if I signed the new lease or not. I remember when my mom went down to the office to do it I was out and that I was supposed to go down and sign it another time, and I cant remember if I did or not. I wasnt planning on all this crap happening so I didnt take it very seriously. I just cant see how I can be forced to sign a lease just because I am over 18 years of age. They knew very well that soon I was going to have no source of income since I would be attending college full time. How do they expect 18 yr old kids to pay for apartments? It is just insane. I have never heard of this before. I thought just whoever was going to take financial responsibility would be named on the lease. I live in an apartment now and I am not on the lease but I pay for half of everything no problem. I understand that these people are mad and want their money but the fact of the matter is, my mom screwed them over, she payed for everything. I didnt contribute a dime so it isnt fair that I am getting attacked. I got this paper of an inspection they did 3 weeks after we vacated the apartment with all these charges for a refrigerator, toilet, etc. etc. It doesnt make any sense, we didnt trash the apartment and we cleaned it all very nicely before we left. The only thing that happened was my computer blew a power supply and all this black powdery stuff blew out of it all over this patch of the carpet. That I can see them charging her for but other than that, nothing was wrong. I dont know I am just frustrated. I had nothing to do with this, I lived there and went to school, I didnt support my mom, she was supporting me, why do they have to attack me? It just isnt fair. I work hard for my money and am trying to get through college to do something good and now theres a possibility that they will take a lot of my money over the next however many years. I just wanna cry, its not fair. So you think I need to get a lawyer ASAP or wait til I get something that I need to appear in court? I read something on another post that the bank took money out of someones account without them knowing and I guess she was sued by a collection agency and won. Can that happen? Dont you have to appear in court and be there when these judgements are made? Please respond ASAP, I am freaking out over here. If they take my money I cant live where I live, attend school, it will just ruin everything I have worked for. HELP ME PLEASE

 

[JETX]

The accuracy of the answers on this LEGAL forum are directly contingent on the accuracy of YOUR post. Your first post clearly did NOT include your signing the second lease and we spend time providing you correct and valid answers based on that FACT.

Now, you change the rules.

Simple: If you signed the lease, you are responsible for ANY reasonable charges that the landlord makes and can prove. If you didn't sign the lease, you are not responsible.

Now, quit making US jump through hoops trying to help you when you are clearly too lazy or confused to help yourself!!!

 

[gavinrox18]

What the heck? I never said I clearly didnt sign the second one. You must have read it wrong. How can you be so mean about it? I am trying to help myself becasue this isnt my **** to have to deal with.

 

[JETX]

It is your **** if you signed the lease.

 

[julbug66]

anyone over the age of 18 is considered an adult and must sign a lease. check to make sure you signed the second lease or not, after that you can pursue it one way or the other. post on the renter/landlord forum for more help on this question.

 

[JETX]

anyone over the age of 18 is considered an adult and must sign a lease.

*** Sorry, but that is simply not correct.... there is no statutory requirement to force EVERY person over 18 to sign a lease.