My one year lease ended in 2017 is my cosigner still liable

[Zigner]

Now I am just happy that my brother is safe. I will deal with the rest.
What do I need to know in a eviction?

You need to know that you should do your darned best to avoid an eviction. COMMUNICATE with your landlord ASAP!

 

[Michellecp]

You need to know that you should do your darned best to avoid an eviction. COMMUNICATE with your landlord ASAP!

I have been doing everything I can do I don't know what else to do I have know way to get the money. I am looking for a new place that is much cheaper now.

 

[Michellecp]

I have been doing everything I can do I don't know what else to do I have know way to get the money. I am looking for a new place that is much cheaper now.

In January my landlord said he is going to raise the rent 200 more and that we need to sign a new lease and I have to have my brother cosign again and I can not afford $2095 and my brother wont sign a new lease.

 

[FarmerJ]

Once the landlord files for a eviction hearing and the day of court comes, first thing you should know is that there will be a public record of the action and as soon as it becomes available it will be picked up by data companies that sell to other prospective landlords screening services/ name search companies that landlords use for screening tenants and prospective landlords will learn that a landlord in your recent past had to take you to court for non payment of rent and FOR Many landlords this is all they need to know when they refuse to rent to you because they will likely take the view that if another landlord had to take you to court for non payment then they will think that history will repeat it self and they wont want to risk it being repeated on them so they will deny you. It is not perfect but if you get out before this landlord files ( and at least return the keys to the LL perhaps with a friend along to video you doing so ) then the LL can only sue you for the money owed but there wont be a eviction record. If you discover the landlord has a court date set , you still must go to court even if the date is set to be after your moved out so when you are asked if the complaint is true ( if its a eviction hearing) you are able to tell the judge ` your honor its not true since I moved out on x date I am no longer in possession of the LLs property and I have a video of the keys being returned to the LL. If the LL sues you in regular small claims court it wont be about possession of the unit it will only be for the money owed which still does create a court record but it will not be the same as a eviction record.

 

[Michellecp]

Once the landlord files for a eviction hearing and the day of court comes, first thing you should know is that there will be a public record of the action and as soon as it becomes available it will be picked up by data companies that sell to other prospective landlords screening services/ name search companies that landlords use for screening tenants and prospective landlords will learn that a landlord in your recent past had to take you to court for non payment of rent and FOR Many landlords this is all they need to know when they refuse to rent to you because they will likely take the view that if another landlord had to take you to court for non payment then they will think that history will repeat it self and they wont want to risk it being repeated on them so they will deny you. It is not perfect but if you get out before this landlord files ( and at least return the keys to the LL perhaps with a friend along to video you doing so ) then the LL can only sue you for the money owed but there wont be a eviction record. If you discover the landlord has a court date set , you still must go to court even if the date is set to be after your moved out so when you are asked if the complaint is true ( if its a eviction hearing) you are able to tell the judge ` your honor its not true since I moved out on x date I am no longer in possession of the LLs property and I have a video of the keys being returned to the LL. If the LL sues you in regular small claims court it wont be about possession of the unit it will only be for the money owed which still does create a court record but it will not be the same as a eviction record.

Yes I dont want this to happen at all that's why I am looking for a place I found one it will be ready mid October hopefully works out

 

[LdiJ]

Your landlord is allowed to periodically raise the rent, with proper notice.

However, I am pretty sure that a text message is not proper notice.

 

[Michellecp]

However, I am pretty sure that a text message is not proper notice.

Yeah I didn't think so.

 

[not2cleverRed]

However, I am pretty sure that a text message is not proper notice.

Hence the phrase "with proper notice". It is not just that it is by text message. I suspect that additionally insufficient time was used. There is nothing legally wrong in itself with a landlord raising the rent, when it's done with proper notice.

The requirement that proper notice be in writing is so that there is tangible evidence that notice was given, as the potential ambiguity or misunderstandings that can happen with oral communications. While text messages are not proper notice, they are at least more in the spirit of the definition than an oral communication.

I would be more concerned about the number of days notice of the impending rent increase was given, and whether the landlord abided by that.

This is Massachusetts, so perhaps @Mass_Shyster will weigh in. Massachusetts, especially depending on where in Massachusetts, can be quirky.

https://www.masslegalhelp.org/housing/lt1-chapter-5-rent-increase

 

[FarmerJ]

I cant imagine that your current LL will let this go until mid October , I suspect he will file for a eviction a lot sooner thaN you want.

 

[Michellecp]

I cant imagine that your current LL will let this go until mid October , I suspect he will file for a eviction a lot sooner thaN you want.

Yes I think you are right.

 

[Mass_Shyster]

Hence the phrase "with proper notice". It is not just that it is by text message. I suspect that additionally insufficient time was used. There is nothing legally wrong in itself with a landlord raising the rent, when it's done with proper notice.

The requirement that proper notice be in writing is so that there is tangible evidence that notice was given, as the potential ambiguity or misunderstandings that can happen with oral communications. While text messages are not proper notice, they are at least more in the spirit of the definition than an oral communication.

I would be more concerned about the number of days notice of the impending rent increase was given, and whether the landlord abided by that.

This is Massachusetts, so perhaps @Mass_Shyster will weigh in. Massachusetts, especially depending on where in Massachusetts, can be quirky.

https://www.masslegalhelp.org/housing/lt1-chapter-5-rent-increase

Since it appears notice was given in December, and OP paid the increased rent, it seems that OP had notice of the rent increase.

Now OP has been living there for two months without paying rent, and claims to be moving in mid October. I suspect OP does not intend to pay the October rent either.

I'm not inclined to give OP any information to help him or her get out of his or her obligations.

 

[Michellecp]

Since it appears notice was given in December, and OP paid the increased rent, it seems that OP had notice of the rent increase.

Now OP has been living there for two months without paying rent, and claims to be moving in mid October. I suspect OP does not intend to pay the October rent either.

I'm not inclined to give OP any information to help him or her get out of his or her obligations.

I am 2 months behind I paid full rent last month and I don't have full rent this month but I am giving him everything I have and I do plan to pay for October. I have paid rent for the past 3 years and my mom got sick and I hit a really hard time a 2 months ago. I have been looking for a new place because I can not afford this one. I have my sick mother and my 2 kids and I do it all on my own. I am not into just not paying I have been doing everything I can to get him the money. I don't want any of this to happen

 

[FarmerJ]

perhaps try harder to find someone you can stay with so you can vacate before LL files even if its for four weeks.

 

[not2cleverRed]

Since it appears notice was given in December, and OP paid the increased rent, it seems that OP had notice of the rent increase.

Now OP has been living there for two months without paying rent, and claims to be moving in mid October. I suspect OP does not intend to pay the October rent either.

I'm not inclined to give OP any information to help him or her get out of his or her obligations.

Yeah, I kind of figured that paying the increased rent would mean that 1) you are conceding that you had notice of the rent increase, and 2) you have agreed to accept the rent increase.

 

[Michellecp]

Yeah, I kind of figured that paying the increased rent would mean that 1) you are conceding that you had notice of the rent increase, and 2) you have agreed to accept the rent increase.

The increase was for heating costs that in the lease are covered by the landlord. I did pay it because I had know other choice. He told me that it would only be for winter then after winter I gave him the 1795 and he said know I need to give him the 1895. I told him what he told me and he said know we need to see how it is for the year. Totally changed what he said.