Lease Obligations

[sreynaga]

What is the name of your state?
Arizona
This is an odd problem for me. However, I was reviewing my credit report a few days ago and noticed a deliquent account regarding money owed to a realty company in Tucson. After reviewing the details it appears to be from an apartment I rented back in 2004 with a now ex-boyfriend. We rented an apartment in September of 04 and by the end of December, we broke up and I gave a thrity day notice of vacating the residence. The only lease terms upon signing was that it was month to month from the beginning. I vacated the residency by the end of January and the ex-boyfriend remained in the unit until May of 05. Now I have a collection agency calling me and letting me know that I am still responsible for the damage he caused prior to moving out in May because I was never taken off the lease. What I am confused about is that I moved out and why would I be held responsible for what he did especially since the lease terms were month to month? Any help or explainations would be great! Thanks

 

[sreynaga]

Almost forgot, a realty company took over the unit in March of 05 who took the ex to court in may for unpaid debts and if I was included in this case, why was I not summoned to court as well?

 

[LindaP777]

why was I not summoned to court as well?

The court probably couldn't find you.
Do you have anything in writing saying they are taking you off the lease, or did you just submit a 30 day notice (but left the BF behind in the apartment)? If it was just the latter, then the lease was probably still in effect until he left (which means you jointly could be held responsible for the damages).
Call the property management company and find out what it gonna take to make this all go away. Then if you really want your money back, sue the exBF for the amount you had to pay for his damages (assuming you can prove it or he admits you moved out and were no longer responsible).

 

[sreynaga]

I never did sign any paperwork relieving me from the lease that I am aware of and I know for certain I only gave in writing my thirty days notice after I was given thirty days to provide more income or move out since we were no longer living together. And just a quick question so I understand correctly: the exbf resigned another lease with the landlord at the time of me moving out and the fixed terms of the lease were that it was month to month period does any of that have any bearing on this case? I'm sure I am somehow still legally responsible, but I just want to cover everything. Also, as far as not being taken to court because they couldn't find couldn't possibly have been the reason because I was in court in May of 05 with a previous landlord I had to take to court for a security deposit issue, which I won. So I was all over in the system with current addresses and phone numbers, also left forwarding addresses with every landlord and changed addresses with appropiate places. The court system in my town is well aware of where I live, I don't buy that. Anyway, I appreciate the help thank you.

 

[johnd]

This is not a confusing issue. It is about damages. Your failure to establish the amount of damages upon your move-out is what has put you in the place you're in now. Both you and your ex are liable for damages. Period. The best you could hope for is proving (somehow?) that the ex is responsible for more damages than you.

 

[johnd]

I'm assuming that the LL sent you a reconciliation w/i the stautory guidelines (21-30 days) after your move out. If he did not, you are probably culpable for your share of damages less the penalty for LL's failure to timely submit a reconciliation.

 

[sreynaga]

The landlord never gave me any paperwork, she was fired soon after I moved out and an actual leasing agency took over the complex. Like I said before, I had a feeling I was still responisble for the damages that they are claiming alot of things were overlooked at the end of that landlords management. I cannot get ahold of the landlord now, but I just found out by looking at my credit report that I had this outstanding balance. I just wanted to clarify a couple of things in my last post so that I would understand how a month to month lease works and what a thirty day notice does infact mean--from what i understand it seems as tho i needed to make sure i was removed from the lease prior to vacating the residence and because i did not, i am now responsible for paying the damages that i may or may not have caused. i did ask the collection agency to send me the paperwork and receipts claiming the damages and cost, because i would like to see them before i hand over any money. i also think i understand that it doesnt matter whether the lease was month to month or a year, unless you are removed from the lease you are still held responsble? Thanks again

 

[FarmerJ]

If you sent letter to the bill collector insisting on a copy of a judgement showing that you owe the debt, then if the matter had been heard in a court and the award granted to the former LL then they will have to have it in order for the debt to be valid. If they cannot produce it then they will have to drop the matter. Send your letter with a method that will give you a delivery confirmation. Of course if there was a new lease signed as you mentioned then do you happen to have a copy of it so you can use it when you contact a attorney once you learn if they really do have a judgment in hand.

 

[sreynaga]

yes i have copies of the old lease and new lease when he signed it over to him i just don't have anything stating i was removed from the lease and i will send a letter to law office requesting evidence and so on and so far again thanks for all of your help you guys are fantastic

 

[Who's Liable?]

This is not a confusing issue. It is about damages. Your failure to establish the amount of damages upon your move-out is what has put you in the place you're in now. Both you and your ex are liable for damages. Period. The best you could hope for is proving (somehow?) that the ex is responsible for more damages than you.

WRONG...

Once the tenant PROPERLY gave their intent to vacate the premises, they are NO LONGER financially liable for damages past the next rental period. The LL WOULD have needed to provide an ITEMIZED list of damages WITHIN the allowed time frame for AZ. Since YOU nor I do NOT know if they properly did that, YOU cannot ASSume they automatically owe for damages.

 

[johnd]

WRONG...

Why is it that it seems so may people have tunnel vision, fail to comprehend multiple concepts simultaneously, and just go through life in the same fastfood manner as Taco Bell?

The very thing you're arguing was already posted by me six minutes after my initial post, and six hours, ten minutes prior to your "moment of clarity." Geeesh.

 

[johnd]

YOU cannot ASSume they automatically owe for damages.

Wrong again. I did not assume anything. Az statute provides for a written reconciliation within 14 days of leave. The statute further provides that a failure to submit a timely reconciliation allows for double damages for amounts wrongfully withheld. In other words, if no amount was wrongfully withheld, there is no penalty!

Do not confuse this with a LL's right to recover damages. A LL still retains his right to recover any and all damages, notwithstanding any failure to submit a timely reconciliation.