Quote:
Originally Posted by MrRational
Never said it did. I suggested (and still do) that the LL can't pick and choose which aspects
of the lease they want to enforce or ignore or to operate in ways that are contrary to the those
aspects and then come back later and act as though they never did anything.
Actions (and inactions) have consequences both for tenants and for landlords.
In this instance.. what I *did* say was that the J&S aspect of the lease (if such even exists)...
has been weakened by the LL's actions (and inactions)...
and suggested my belief this negated what protection the LL may have had under J&S.
Read: A landlord agreed to rent to a group of people who had no other ties to each other.
Read the lease carefully for how/if the other tenant rights & responsibilities are described...
and conversely the LL's responsiblity to promptly notify you of any default condition.
People leave. It happens. Why is immaterial.
Pertinent: Was the landlord informed of these events? By these people? By the other tenants?
Pertinent: What specifically happened regarding replacing these persons and any replacements?
What **documentation** (if any) exists to describe these events and conversations?
^^EVERYTHING will hinge on this^^
Your SD is the least of your concerns and of course you need to answer a court summons.
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As mentioned last evening (and subject to more detail being revealed)
this reads as though the LL did a series of rookie mistakes:
1) renting to college students at all
2) not keeping closer tabs on college students
3) when first having an issue with nonpayment (the Nov tenant) not dealing with it THEN
4) when first having another issue with nonpayment (the Mar tenant) not dealing with it THEN
5) (implied) never informing the other 4 or 5 tenants of the default and liability
6) only months afterward going to his lawyer about the hole he finds himself in
7) (unstated) discovering some condition issues as well as the nonpayment stuff.
The LL is attempting to enforce what rights the lease says he may have (or once had).
Other factors will apply but the separate money dealings with each of the six of you...
is the best defense to each of the six not owing more than the individual share.
Absolutely seek advice from a LOCAL LL:Tenant attorney or advocacy group.
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Here's a little more information. The people who initially signed the lease knew each other. I knew none of them. I moved up to RI and a, a week or two later, we all signed ONE lease together (we all individually signed leases in the beginning).
The landlord knew about the first guy moving out immediately. We tried to fill the room with another person, but couldn't find anyone (who would want to live in a 6BR house with 5 college guys?). She couldn't find anyone either. She told us that she would sue him personally, and that we needed to keep looking for a replacement. Later, she said that she received no response from him (no surprise) and that she couldnt sure him because she could not obtain his address. The only address she had was his mothers, in another state.
The LL knew the other guy was moving out, and he told us that he would still be paying the rent. I was under the assumption that he was still paying the rent until I got the letter that had all of the arrears listed out. There was no communication whatsoever about roommate #2's missing rent.
There is no documentation of anything. The only documentation I would be able to provide is my proof of all rent payments. Most of the other tenants had their parents mail checks personally to the LL. None of them had jobs throughout the entire school year except me.
Quote:
Originally Posted by beth98
Do not ignore the summons. Contact a local advocacy group and possibly a lawyer and prepare yourself that you could be held responsible for some or all of that $8000.
Your roommates and to some extent you have acted irresponsibly and now it's catching up with you. You signed a legal document with your roommates, what did you expect to happen when two of them just stopped paying rent? Was there any communication with the landlord? Did they or you try to find new roommate to complete the rest of the lease? Make sure you have your copy of the lease and contact you bank to get copies of all your cancelled checks proving that you paid rent. Your best bet is to show the landlord and judge that you are being a responsible adult and hope that the judgement goes in your favor.
I would also contact all your roommates, including the ones who actually owe the rent and let them know they are being sued. There is a chance that if they know they are being sued, they may pay or mom and dad may bail them out and pay up for what they owe. I'm assuming since the summons came to your address, you are the only one who knows that everyone is being sued.
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How did I act irresponsibly? I had no place to live and had a week and a half to find a place across the country. I found a group of 5 college people who knew each other and I got in on it. I did everyone a favor, because they definitely were not going to find another person in such short notice, especially once the school year started.
The LL knew all of these facts. I paid my rent EARLY nearly every time. Transferred it right to her checking account a week before it was due. I never had any idea, EVER about the other roommates' rent payments. Like I said, almost all of them had their parents send checks. I was in the dark the entire time, and completely powerless.
I'm going to look for the lease now and see what it says. It's somewhere in the house.
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