Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Our lease was broken because our landlord clearly said no animals and they have a dog. All of our stuff is out now and we were not physically threatened or forcibly removed, I have voicemails of them telling us to go f ourselves and we are kicked out and had to fin someone else to live. We were not couch surfing. Thank you for all the advice you have given you have helped us a lot.
So did they give you a reason why they think you should be paying rent for September?
In order for contracts to be enforceable they have to be in writing and signed. If you don't have that, then you don't have an enforceable contract. This is true in all if not all states, I believe, because of the Statute of Frauds. I know in Oregon leases fall under the Statue of Frauds.
The Statue of Frauds just means that in order for the contract to be enforced in court it has to be in writing and mutually signed by both parties to create a binding legal agreement. States and jurisdictions dictate what types of contracts have to be in writing and signed. I can't imagine a lease wouldn't fall under that, but I don't know what state you are in though.
The statute of frauds has an exception for a lease of one year or less...
Having said that...I have no idea what your lease duration is or whether or not it applies.
Our lease was broken because our landlord clearly said no animals and they have a dog. All of our stuff is out now and we were not physically threatened or forcibly removed...We were not couch surfing.
Now I'm confused. So, you had a lease with your name on it? Was every occupant also on the lease? Who kicked you out? The landlord? The roommates? Did you have any advance rent or security money being held by the landlord? I think you will get truly helpful advice if you give a more detailed timeline and explanation of the issues and documents.
My fiance and myself moved out a few months ago and we were living with 3 other people. My 2 roommates broke the initial lease by having a dog. My fiance nor myself ever signed OR even saw a copy of the lease. Well last night my roommates got into a huge argument and our names were brought into it and we were kicked out. So today we went to get out stuff and they went on to tell us how we have to pay for the month of september and the utilities even though they kicked us out. and if we didnt they would "do stuff". So what are our options? what can we do? My roommates said my fiances name was on the lease because we gave them a photo copy of his ID and a pay stub but we still never signed it or even saw it. Is it legally binding? Can we get sent to small claims court for not paying the rent for a place we arent even living at anymore? thanks.
In the state of Missouri you should not have been living there if you were not on the lease. Actually the people who SIGNED the lease was in violation the second they let you move in. Since you have not agreed to any of the terms and conditions on the lease agreement, there is no legal way you can be held by them (in Missouri anyway, your state's laws may be different).
I'd consult with an attorney if this represented a significant amount of money.
Threatening people by saying they are going to "do stuff" is against the law and tell them you will swear out a complaint and file an order of protection if they try anything.
Now I'm confused. So, you had a lease with your name on it? Was every occupant also on the lease? Who kicked you out? The landlord? The roommates? Did you have any advance rent or security money being held by the landlord? I think you will get truly helpful advice if you give a more detailed timeline and explanation of the issues and documents.
I think the OP has a verbal sublease with the roommates.
This is all confusing but I think the more practical matter is what happens next. I'm glad that you were able to vacate the property and get your personal property without any issues. The onus is now on your co-tenants to sue you if they think they are owed money. If they go to an attorney then they'll likely be told it's not worth going after one month's worth of rent. They'll spend more in legal fees. This isn't legal advice, but practical advice. They are the ones now thinking about what to do next and what expenses they'll incur. I like your position better.
Sounds like you dodged a bullet by getting out now. Consult an attorney so you know your options...Call the police w/ any threatening messages....I would not answer their calls...I would let them go to voicemail. They sound impulsive, so they will trip themselves up leaving nasty voice mails. Any threat should be reported to the police, take your cell phone w/ you and play the recordings for the authority's. Also find out what your options are regarding your refund....and moving expenses.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
