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Old 08-07-2012, 06:08 PM
 
3 posts, read 2,630 times
Reputation: 11

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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.
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Old 08-07-2012, 06:38 PM
 
Location: Salem, OR
11,012 posts, read 18,924,139 times
Reputation: 6966
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.
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Old 08-08-2012, 06:07 AM
 
10,151 posts, read 11,558,780 times
Reputation: 9239
Quote:
Originally Posted by jessica.b222 View Post
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 many states a lease must be signed by all parties to the lease in order to be enforceable. Do you have someone you can ask about your state? Don't take these people's word for it.

They are out to get your money and may not be informed about what the actual law is. Don't give them any money until you know what the actual law is.

As far as them threatening to "do stuff" you should consider reporting the threat to the police.
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Old 08-08-2012, 06:08 AM
 
Location: MID ATLANTIC
4,041 posts, read 8,756,037 times
Reputation: 3042
Not only do I believe no way could they do anything, but I'm willing to bet they are the ones breaking some laws. If you have been paying rent, many jurisdictions require 30 days notice to evict. Second, if they say they have a signature, it's not hard to prove forgery
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Old 08-08-2012, 06:16 AM
 
1,464 posts, read 1,286,606 times
Reputation: 2687
Quote:
Originally Posted by jessica.b222 View Post
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.
If you never signed a contract/lease then you are not obligated to pay them anything..nothing in writing, nothing binding. That photo copy of your Fiance's I.D. and his paycheck stub are still not legally binding documents. Get your stuff and move on. If they continue to threaten you, I would contact the police prior to getting your things and ask that they go with you when you go to pick your stuff up.
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Old 08-08-2012, 06:37 AM
 
Location: NJ
17,579 posts, read 21,188,730 times
Reputation: 15428
So they kick you out in the beginning of August and want you to pay rent for September? What exactly was their reasoning for this? And did you pay for August? If you did I would want that money back along with not paying for September.

Did you get your stuff out or is it still there. That would be my biggest concern. And what exactly do you mean by "they would do stuff"? Did they physically threaten you? If so, I would report it to the police and tell them you did.
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Old 08-08-2012, 10:28 AM
 
Location: Lakewood Ranch, FL
3,256 posts, read 3,282,214 times
Reputation: 2612
You've already received good info. I'll just add that you now need to understand that you may not just move in with other people no matter what arrangement you and they may make. The only people legally permitted to live in a rental property are the people who have entered into a lease with the landlord. Based on what you wrote, you were illegally occupying the property plus there may be legal restrictions on the number of unrelated persons who can occupy a particular property, too. The bottom line is this: the next time you rent a place, you should have a lease or sublease in writing.
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Old 08-08-2012, 11:09 AM
 
Location: Barrington
20,091 posts, read 14,434,070 times
Reputation: 6219
Quote:
Originally Posted by jessica.b222;25529273

Well last night my roommates got into a huge argument and our names were brought into it and [B
we[/b] 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".
What does the dog have to do with any of this?

Did you pay August rent or is this more of a couch surfing thing.

Were you physically ejected?

What stuff remains in the apartment?

What does " do stuff" mean?
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Old 08-08-2012, 11:22 AM
 
1,599 posts, read 1,389,634 times
Reputation: 894
I am very confused by the timeline of events and characters involved in this story.
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Old 08-08-2012, 12:08 PM
 
3 posts, read 2,630 times
Reputation: 11
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.
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