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Eviction consult

  Author:  37101  Category:(Discussion) Created:(12/2/2008 7:22:00 PM)
This post has been Viewed (133 times)

On October 1st of this year, I signed a lease to be co-tenant of an apartment with an existing tenant. We terminated my roommate's existing lease, which listed only him, and resigned a new lease agreement with both of our names. The new lease stipulates that a total payment of $670 is owed per month between my roommate and I. We have split payments ($335 each) and have stayed current on rent.

However...

My roommate, under his old lease agreement that I was not a part of, owes $700 in back rent and miscellaneous late fees. He has received an eviction notice from the landlord seeking to collect on this money. I was shocked to find my name was listed on this notice as well.

I was not a tenant of the house for the original lease agreement and was therefore not responsible for any back rent accrued during that time. However, since that lease was terminated when I moved in, can I be held liable for back rent / court fees for this eviction because of the new contract with my name on it?

I will also state that the landlord has been very cooperative with me as a tenant who has paid rent on time and without hassle. The landlord does have appropriate documentation (spreadsheets, digital images of checks, etc.) that proves my rent has been paid for the duration of the new lease. Again, any back rent owed was accrued on the old lease agreement. The landlord strictly wants to evict my roommate, but insists she cannot because of my name on the new lease.

If I may be held responsible for the back rent and/or court costs, will the landlord's documentation get me anywhere in court?

Appreciate your prompt response.

- Joe

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Replies:      
Date: 12/2/2008 7:53:00 PM  From Authorid: 14909    Look up your state laws on it.
  
Date: 12/2/2008 8:00:00 PM  From Authorid: 10657    I believe that she should have tried evicting before the new lease was signed.
The new lease makes the old lease null and void if, I'm not mistaken but, I would talk to an attorney they should give you a free consult.

A tenant law attorney or whatever they are called cause, I'm too tired to remember!!

Where in the . Have you been!!!!!
  
Date: 12/2/2008 10:30:00 PM  From Authorid: 3263    Whaaaat? That's ridiculous. The landlord should've dealt with that issue when you and the other person signed a new lease. I don't see how you're at fault AT ALL!  
Date: 12/3/2008 6:01:00 AM  From Authorid: 2030    You're a co-tennant on the lease with the person being evicted. So yes I think you would have to appear on the eviction notice as well. Tell your roomate to pay the darn $700 or negotiate some sort of payment plan. They are being irresponsible and it's dragging you down.  
Date: 12/3/2008 6:32:00 AM  From Authorid: 3648    The landlord should have done something before signing a new lease with the tenant and you. Now you are a co-tenant on the lease. I would consult with an attorney to find out what rights I have. I hope ot all works out for you.  

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