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Technically, the 10 days starts at the first of the month.
Looks like management wants the apt. back.
If Joe gets served, he may appear and dispute the eviction. All up to the magistrate.
If Joe is evicted he will be responsible for rent to the end of the lease plus fees. If he qualifies for free legal help,might be worth trying. If not, a lawyer might do a letter or two cheaply.
Should all fail and the lease balance be out of Joe's reach, consider Chapter 7 bankruptcy. Doing this will still allow the landlord to go after Bob.
This could well be a situation where different parts of the apartment management company are not talking to each other.
You need to talk to them right away and ask the same questions you just asked. I assume when they told you that you were good to go, it was not in writing. IT looks like you are going to need to get things in writing from these people. Hopefully it was just a miscommunication, but they may have purposefully lied to you to entice you to pay the rent, knowing they would then file against you anyway to make sure they could get the most money.
But most likely you are joint and severably liable for the rent. Not sure if they are required to go after the other signee or if they are perfectly OK to go against the path of least resistance, which is you. You might have to sue the Bob in small claims court. You really need to speak to someone specializing in NC tenant law. Not sure if there are any low cost legal aid type places around here or not.
"Joe" is my son, so naturally I'm trying to do all I can to help. We've contacted the legal services we have through my husband's employer. I now have a copy of the lease. I found this little tidbit in the lease:
"The departing resident will no longer have a right to occupy the Unit or to receive a Security Deposit refund, but will remain liable for the remainder of the original Lease term unless the Owner has agreed otherwise in writing, even if a new Lease is signed."
Does that not sound like Bob is on the hook for his part until the lease is up or another roommate is found? We're definitely going after Bob in small claims court. We'll see what happens with that.
I can't help but think that my son is being penalized because his friend left with no notice.
"Joe" is my son, so naturally I'm trying to do all I can to help. We've contacted the legal services we have through my husband's employer. I now have a copy of the lease. I found this little tidbit in the lease:
"The departing resident will no longer have a right to occupy the Unit or to receive a Security Deposit refund, but will remain liable for the remainder of the original Lease term unless the Owner has agreed otherwise in writing, even if a new Lease is signed."
Does that not sound like Bob is on the hook for his part until the lease is up or another roommate is found? We're definitely going after Bob in small claims court. We'll see what happens with that.
I can't help but think that my son is being penalized because his friend left with no notice.
Thank you all for your responses.
Sounds like a normal lease. Can Joe find an acceptable replacement for Bob?
These sharing deals, as you see, can easily go wrong. Most leases do allow the landlord to go after the most collectible one of the tenants.
What about if Joe moves home and vacates the apartment? This will safe the apartment complex the expense of eviction, lost rent, etc.
Joe offers to leave the place looking presentable. They have his half of Dec.s rent. They aren't out anything. They can go after Bob for his half of December's rent or even the whole rest of the lease, their choice.
Hope Bob is a more responsible father than he is a roommate.
If you are evicted you are not responsible for remainder of lease. Only if you choose to leave is that enforced.
Totally wrong on this one, sorry.
If you are booted for non-payment or lease violation, you still owe until the lease expires or the landlord rents it to someone else.
My son got into a mess like this when the landlord turned down his request to terminate early with a 2 month payment. Landlord only would release transferred military. Son was not able to pay the whole lease and wound up discharging the lease in Chapter 7 bankruptcy.
What about if Joe moves home and vacates the apartment? This will safe the apartment complex the expense of eviction, lost rent, etc.
Joe offers to leave the place looking presentable. They have his half of Dec.s rent. They aren't out anything. They can go after Bob for his half of December's rent or even the whole rest of the lease, their choice.
Hope Bob is a more responsible father than he is a roommate.
A lawyer certainly might propose such a settlement option. The landlord may not accept it.
I'm not a lawyer but have had several friends ask me for advice when they had problems with their apartments. My advise is based on practicality and common sense, not a knowlege of the law.
One thing that really stood out for me was that, in every case, the management had directed them to take action (pay this, move out by that date, etc), that was in conflict with the lease.
Even more surprising, every one of my friends hadn't read their lease before asking for help.
This is a LEGAL MATTER and it's VERY IMPORTANT to know and understand this legally binding contract, and the law.
The OP should Google "North Carolina Renters Law" and read about their rights and responsibilities, and compare them to their lease. If management or the lease required action that is contrary to law, and therefore unenforceable, it could be a way out, possibly being grounds for considering management having broken the lease first!
If it gets really complicated, try calling the local Bar Association, who are set up to give free advise from actual lawyers: BarCARES - Wake County Bar Association
(on a limited basis, of course, but some questions could be answered by a 10 minute visit).
They are both liable for the lease unless one has been released (in writing) from it. But, Joe has this to consider. If he pays the rent, then Bob is off the hook (it's been paid, all that landlord really cares about). If he doesn't pay the lease then they are both in default, and he has to suffer the consequences.
It comes down to a game of chicken to see who will flinch first.
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