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Old 06-01-2014, 12:26 PM
 
1,107 posts, read 2,279,131 times
Reputation: 1579

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Bring the police with you to get your stuff. If they wont do it, file a restraining order and then they will. Have your mail forwarded, report to the credit bureaus and freeze your credit, report to the county regarding her using your SSN, report to Social Security regarding your SSN. Change your drivers license. Send a certified letter to your landlord regarding the circumstances, with your attorney's help. Do whatever you have to do to make sure she doesn't get your address. Change your phone number.

It's all going to cost you big time to do all of this, but it will be worth it.
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Old 06-01-2014, 05:15 PM
 
23 posts, read 169,123 times
Reputation: 13
Now breaking a lease, is there a way to do it without destroying my, or my consigner's credit? I really don't want to drag my consigner into this and destroy both of our credit over it.

At this point I should have a full consultation with an attorney and give the full facts. email exchanges, etc. right? While I have talked to a friend over this that is an attorney ( I didn't give him the full facts or email exchanges), he warned me that eviction can be quite costly, and it can take months. Either way, it's a suck situation, and I'm just seeking how I can minimize my losses and protect my rental history as well as my consigner's credit. I actually want to rent an apartment soon instead of living in frat houses for the rest of my 20s/30s
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Old 06-01-2014, 06:28 PM
 
Location: Apple Valley Calif
7,474 posts, read 22,882,304 times
Reputation: 5683
Eviction, 30 days. You give her a three day notice to comply and them a 30 day notice to leave or the Sheriff gets involved. She can't legally change the locks and if locks are changed a copy must be given to the LL.
If anything you say is true, get extra key from LL and move out. First get an apartment while your credit is still intact. Your credit will be screwed, but your life will improve when you leave. If you aren't paying the rent, the LL will kick her out.
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Old 06-01-2014, 07:29 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by zomb1e View Post
Now breaking a lease, is there a way to do it without destroying my, or my consigner's credit? I really don't want to drag my consigner into this and destroy both of our credit over it.

At this point I should have a full consultation with an attorney and give the full facts. email exchanges, etc. right? While I have talked to a friend over this that is an attorney ( I didn't give him the full facts or email exchanges), he warned me that eviction can be quite costly, and it can take months. Either way, it's a suck situation, and I'm just seeking how I can minimize my losses and protect my rental history as well as my consigner's credit. I actually want to rent an apartment soon instead of living in frat houses for the rest of my 20s/30s
I had the feeling you'd not had a proper consultation with an attorney ... Yes, you should do it now.

And yes, there are ways to break your lease. Does your lease have an early termination clause? Usually they amount to the tenant paying about two months rent to be removed of further responsibility. You should also check your state landlord tenant laws which you'll find linked in the first "sticky" on this forum to see what they say about landlord's duty to mitigate damages. Your credit will not be damaged unless you force an eviction by the landlord.

Your situation is rather outside the norm. You need to speak to an attorney.
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Old 06-02-2014, 06:18 AM
 
Location: NC
6,032 posts, read 9,212,031 times
Reputation: 6378
I would see about working with the landlord on paying a settlement/early termination fee to get out of the lease.
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Old 06-02-2014, 06:25 AM
 
3,201 posts, read 4,410,406 times
Reputation: 4441
how does one change locks in a rented apartment?

someone that is not under contract(lease) with an apt complex cant just post up in an apartment and change the locks on top of that

if you go to the landlord and look at the lease is HER name anywhere on there?

the police could easily remove her from the premises (trespassing)

what did i miss here?
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Old 06-02-2014, 06:34 AM
 
Location: MID ATLANTIC
8,674 posts, read 22,919,247 times
Reputation: 10517
Quote:
Originally Posted by Ace_TX View Post
how does one change locks in a rented apartment?

someone that is not under contract(lease) with an apt complex cant just post up in an apartment and change the locks on top of that

if you go to the landlord and look at the lease is HER name anywhere on there?

the police could easily remove her from the premises (trespassing)

what did i miss here?
Exactly.

I'm thinking there's two sides to every story and there has not been proper legal advice. Besides trespassing, identity theft is also an issue.

If I were the cosigner in this situation, I would be beyond ticked off. The OP, sad to say, is responsible for letting go the cosigner down and not taking control of his domain.
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Old 06-02-2014, 06:54 AM
 
23 posts, read 169,123 times
Reputation: 13
Quote:
Originally Posted by Ace_TX View Post
how does one change locks in a rented apartment?

someone that is not under contract(lease) with an apt complex cant just post up in an apartment and change the locks on top of that

if you go to the landlord and look at the lease is HER name anywhere on there?

the police could easily remove her from the premises (trespassing)

what did i miss here?
She is NOT under lease. I considered it, but I never followed through.
Right now I'm just waiting for police and the leasing office to unlock the door and kick her out. Just the fact that the lock was changed, and my SSN was used is making me livid.
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Old 06-02-2014, 07:17 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by zomb1e View Post
She is NOT under lease. I considered it, but I never followed through.
Right now I'm just waiting for police and the leasing office to unlock the door and kick her out. Just the fact that the lock was changed, and my SSN was used is making me livid.
Keep the updates coming. I'd be very surprised if the police will oust her. They'll accompany you while the premises are opened but will refer you to civil procedures. You gave her permission to live there.
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Old 06-02-2014, 07:40 AM
 
23 posts, read 169,123 times
Reputation: 13
Honestly you would think that there would be exceptions if something wrong is going on…I shouldn't be forced to house someone that has said, texted and typed on multiple occasions "I HATE YOU, I NEVER WANT TO BE AROUND YOU...." when I have been telling her to leave for weeks now. She's essentially using the law to hold my dwelling for ransom.

Here's a similar story:
Hospitality cost couple dearly when guest refused to leave | Tampa Bay Times
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