Anyone have any legal advice regarding landlords and leases?
By rebelmel
@rebelmel (1386)
United States
July 16, 2012 8:36am CST
I live with three other people and all of us have signed a separate lease agreeing to pay x amount each month. Recently we have found out that one roommate has not paid in about three months, and we are looking to be evicted now. We had no idea that she hadn't been paying the rent, and quite frankly we want her out, we would rather all pay more and have an empty room than deal with this. We were told we have two days to get the money to him. Anyone have any suggestions?
1 person likes this
4 responses
@Bluedoll (16773)
• Canada
16 Jul 12
It is contract law. Your lease is your contract. I think it is one lease with your names (one primary name?) so each person is responsible. I suggest deciding what you want to do but regardless the contract needs to be honoured. (you all need to pay rent)
One solution is for two to pay the rent and seek compensation from the third person by notifying and threatening if necessary to take him/her to small claims court. Since this is a joint party agreement it is better to solve the problem with a party without involving the landlord if possible and carry on.
Hope this helps.
Bluedoll JJD
JJD = Judge Judy Degree (those that watch 10 cases on the television show Judge Judy)
@Bluedoll (16773)
• Canada
16 Jul 12
Sorry, I have never heard of separate lease agreements. If it says on the agreement that each person is responsible for a specific amount on a specific day of the month then each person needs to abide independently.
It would be the landlords responsibility to follow up on it with each person. The landlord then would also have the right to lease out the remaining room if unoccupied. I am assuming this is not the case and the amount on each lease shows only the total cost of the rental?
@Bluedoll (16773)
• Canada
16 Jul 12
I was so wrong, thanks for the correction Forever_The_Lamb, that was interesting. I might not have read it otherwise and went on to read her..
She was a real judge but on retirement was approached to star in the abritration court. I like how it is discribed.
"They love Sheindlin's show because she offers them a fantasy of how they'd like the justice system to operate—swiftly, and without procedural mishaps or uppity lawyers." - http://en.wikipedia.org/wiki/Judith_Sheindlin
1 person likes this
@rebelmel (1386)
• United States
18 Jul 12
We all signed separate leases with only what we owe to the landlord as the amount owed. But, he also does not have a say in who moves into that room. We are the lease holders of the apartment, so it is our responsibility to find an occupant for that room, which is not the issue at all.
It is at the point where we would rather pay for an empty room than have her live here.
It has been explained to us that even though we all have separate leases, we are all still responsible for the apartment as a whole. I don't really understand how to go about this, but I have essentially prepaid my own portion to the landlords so the house as a whole is not as much in debt. It is clear that these payments go toward MY lease and no one elses.
@homeshoppers (6166)
• Philippines
16 Jul 12
if its a separate lease agreement then it means it only apply to one of you and not to the whole occupants, means if someone failed to do their job by paying then shes the only person whose liable due to not following the lease agreement she signup for and not the two of you whose paying the rent.
unless one of you rent the house and just gather friends to occupy the other room and decided to split up the rent for the 3 of you then it means its already under the control of the one who originally sign and rent the place so if the other one didnt pay then she still need to complete the said monthly rent in behalf of that person who doesnt have the capacity to pay or remove that person and get new one. on the other hand, if the owner itself took 3 of you in separate order giving how much each of you need to pay each month then if you were able to comply paying it then its up to the owner how they get that money from that person either that person is your friend or not. you can bring it to court and im sure you will win as long as theres individual agreement signed and as long as your not related to the original person who took that place and just decided to split up the rent.
1 person likes this
@Hatley (163776)
• Garden Grove, California
16 Jul 12
rebelmel hi I wou ld find a lawyer who does some pro bono work free and ask what legal steps you can take to get the back rent and also
why she is trying to get you to pay on lease made out to anohter person. it sounds illegal b t you need real estate law or landlord and lease law from someone who knows his or her stuff
If you have a friend who is in real estate law or landlord and leasing laew get them to help you out here.
@anklesmash (1412)
•
16 Jul 12
I don't know for certain but i don't think you can be evicted.Because you have seperate contracts and you are fulfilling your contract you can't be evicted.It would be different if you all signed the same contract it would be different and you would be able to be evicted.I also think that it is up to the land lord to get rid of the other tenant and if you want you and the 2 other tenant to pay more and not have the non paying tenant replaced i would imagine you would have to sign another lease.
