Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-08-2014, 11:48 PM
 
9 posts, read 28,923 times
Reputation: 24

Advertisements

Hello. I'm going to try to make this short and understandable. I live in Maryland btw. I signed a lease with my ex roommate "Betty" that doesn't end until April. However, Betty and I did not get along at all, police being called to our apartment twice. Betty's mother was the cosigner, so apartment staff advised me to move out and find a replacement to take over the lease. They understood that someone had to go, and with Betty's mother being the cosigner, logically it had to be me. I was more than okay with that and began my search to find a replacement for myself on the lease.

Fast forward to early July. I found a new person, "Debra", who wanted to take over the lease. I had already found my new apartment, and was waiting on Debra to confirm she was moving in before I signed my new lease elsewhere. She agreed to take over the lease, and gave me $150 towards my deposit she would get back at the end of the lease granted there were no damages, & her $200 for the lease transfer fee. However, Betty and Debra could not coordinate their schedule to sign the lease together. Debra had a child and expressed being in between homes, so I allowed her to have the keys when I moved out, granted she would sign the lease BEFORE AUGUST. This was July 21st. I paid July rent so she did not have to worry about that.

Now it is August, she is still there, but did not pay rent nor sign the lease. Now she did do an application for the apartment lease takeover, now her NAME is on the apartment, but she is not on the lease. Now, the apartment is coming after me and my old roommate for rent and late fees. Also they are threatening to take us to court and have us (technically not me because I don't live there physically) evicted, which will RUIN my credit and prevent me from renting in the future when it is not my fault! I absolutely cannot have that. Unfortunately Betty's phone is off and she does not check emails, as she is also out of town, so I doubt she has any idea what's impending. I contacted her father on advice from the staff to see if he could pay it and then try to retrieve payment later in court from Debra, to prevent his own daughter from being evicted. But there's no word on if he will. I myself cannot pay it because I just paid $1300 for my new place. I have contacted Debra several times and she swears she will pay the rent day after day. I went over there today and the apartment staff said since she failed to sign the lease it's still my apartment and gave me a key to get in. Debra was not there, but her guest/friend "Kia" was, who also told me she was planning on paying the rent.. Now I was not able to communicate with Debra all day because her phone was off. But KIA has been communicating to me for her, instead of the girl contacting me herself! Her phone seems to be off, but her guest Kia did tell me that her paycheck was less than she expected, which is not my concern, nor did Debra indicate that to me personally. It really doesn't matter because someone has to be paid the rent. The guest also wanted me to give them the $200 for the lease fee back ASAP! I refused, because I have a strong feeling they're trying to get over on me. I was supposed to head back over there tonight, but of course they did not return my call and my bf advised me against going there alone.

I can only hold off this court process for so long, which is a miracle in itself. The property manager is giving me as many extensions that she can to try to receive payment from this squatting Debra. I can't pay her $900 since I just paid my own rent where I actually live. The apartment staff advised me to threaten to sue her for rent, since she signed a document intending to take over the lease and has been there for a while now, since July. I believe the girl is thinking if she is not on the lease she doesn't have to pay, which is why she has been delaying actually signing the lease. However she will not leave!! I want her to pay her portion and sign the lease so I can be done with that god awful apartment. If she does that I can pay the lease transfer fee and be done with this drama. But if she doesn't, what are my options? Can I sue her for rent and have her out ASAP? I want to find someone else who will take over the lease if she doesn't sign it. I can't have her there under my name, and I'll gladly give her her $200 back. Can I have her arrested for trespassing or do I need to go about it another way? Do I have to give her notice legally? She's been there since July 21st rent free. I have all her messages showing she promised to pay YESTERDAY. I need this figured out by tomorrow. Any advice is appreciated.

Last edited by poshspicenaija; 08-09-2014 at 12:30 AM.. Reason: Grammar
Reply With Quote Quick reply to this message

 
Old 08-09-2014, 07:21 AM
 
Location: The Triad
34,091 posts, read 82,447,203 times
Reputation: 43642
Quote:
Originally Posted by poshspicenaija View Post

I need this figured out by tomorrow. Any advice is appreciated.
1) tl;dr paragraphs.. they're a GoodThing.

2) You're gonna have to take your lumps.
The eviction might be the best overall solution. Even for you.
2a) find another place NOW.

3) Stop listening to the little head.
Reply With Quote Quick reply to this message
 
Old 08-09-2014, 08:12 AM
 
9 posts, read 28,923 times
Reputation: 24
Quote:
Originally Posted by MrRational View Post
1) tl;dr paragraphs.. they're a GoodThing.

2) You're gonna have to take your lumps.
The eviction might be the best overall solution. Even for you.
2a) find another place NOW.

3) Stop listening to the little head.
I already live in another apartment, I do not live where this is occurring, there's someone there under my name. An eviction will ruin my credit when I am innocent and also prevent me from renting anywhere else if I ever tried, plus cost me so much money. That is not fair. There must be something I can do to get her out or get her to pay.
Reply With Quote Quick reply to this message
 
Old 08-09-2014, 09:21 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,424,020 times
Reputation: 26726
You need proper legal help. Debra hasn't yet established residency since she's not been there for a month but neither are you technically her landlord so your enforcement ability is limited.

What you can do right now is deliver a brief letter to her simply saying that if the lease isn't signed and the rent due isn't paid within three days, legal action will be taken immediately.

You said she put in an application with the landlord to take over the lease but did they accept the application? Since they now know what's going on they're unlikely to want her as a tenant and will refuse her but you need to act quickly before she establishes residency which is usually based on being there for over a month, accepting rent there, etc. - all dependent on your state landlord tenant laws.

See if you can possibly locate an attorney today to get at least a quick consultation to see what steps you can take. Get the three day notice to her now in any case and that might provide the necessary jolt. Good luck!
Reply With Quote Quick reply to this message
 
Old 08-09-2014, 09:44 AM
 
9 posts, read 28,923 times
Reputation: 24
Quote:
Originally Posted by STT Resident View Post
You need proper legal help. Debra hasn't yet established residency since she's not been there for a month but neither are you technically her landlord so your enforcement ability is limited.

What you can do right now is deliver a brief letter to her simply saying that if the lease isn't signed and the rent due isn't paid within three days, legal action will be taken immediately.

You said she put in an application with the landlord to take over the lease but did they accept the application? Since they now know what's going on they're unlikely to want her as a tenant and will refuse her but you need to act quickly before she establishes residency which is usually based on being there for over a month, accepting rent there, etc. - all dependent on your state landlord tenant laws.

See if you can possibly locate an attorney today to get at least a quick consultation to see what steps you can take. Get the three day notice to her now in any case and that might provide the necessary jolt. Good luck!
Yes, she was accepted, that is why her name is now on the apartment. Apartment staff told me that by doing that she put in writing she intends to take over the lease. I have also been worried that this drama will result in them not wanting her there at all. I'm certain ex roommate won't. All I waned was to find someone to take over my lease peacefully. I am going to try to contact her today.
Reply With Quote Quick reply to this message
 
Old 08-09-2014, 10:00 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,424,020 times
Reputation: 26726
On the part about establishing residency, I meant to write "mail" rather than "rent". Sorry! In any event, she still hasn't signed the lease so she's not yet a tenant. I would just go over to the unit with the 3 day "cure or quit" notice anyway and, if she's not there, then just stick it on the door. At this point it's wise not to engage in any back and forth with her - stick to strictly business and give her the ultimatum.
Reply With Quote Quick reply to this message
 
Old 08-09-2014, 10:14 AM
 
16,376 posts, read 22,356,267 times
Reputation: 14391
Quote:
Originally Posted by poshspicenaija View Post
Yes, she was accepted, that is why her name is now on the apartment. Apartment staff told me that by doing that she put in writing she intends to take over the lease. I have also been worried that this drama will result in them not wanting her there at all. I'm certain ex roommate won't. All I waned was to find someone to take over my lease peacefully. I am going to try to contact her today.

She's either on the lease, or not on the lease. What do you mean by saying "her name is on the apartment". To me, this means they have a signed lease for that apartment. If there isn't a signed lease, then all she said to them was that she PLANNED to sign the lease/take the apartment. But if this wasn't executed(signd by all(, it's pretty much worthless (wouldn't stand in court because she's not on the lease).

If the apartment compex is saying "her name is on the apartment" - that should mean that there is a lease with her name that everyone signed already.

You really need to speak to a real estate attorney that handles landlord tenant law. Even if this costs you a few hundred dollars. Get to the attorney pronto and get that attorney to take action (or guide you to take action) on whatever necessary to avoid you getting an eviction.

Actually - if all the tenants from that apartment officially moved out asap and hand over the keys, then it's likey they wont evict - since eviction means get everyone out and turn over all keys to landlord. Then they would likely still go after everyone on the lease for all back rent and any damages after security deposit isused toward this also.

Keep in mind the other roommates mother is co-signer. She surely doesn't want an eviction on her record and she might pay up to avoid this.

Why aren't they paying rent? Did the new roommate that didn't sign lease - did she suddenly turn into a lazy liar that decided not to pay rent? Or is she coming up with funds now to pay rent by the 'pay or quit' deadline?
Reply With Quote Quick reply to this message
 
Old 08-09-2014, 10:24 AM
 
16,376 posts, read 22,356,267 times
Reputation: 14391
As STTS said, Debra isn't an official resident because she hasnt lived there long enough. You need to speak to an attorney and find out about contacting the police and kicking her out for trespassing. She is NOT on the lease and isn't a tenant because she hasn't been there long enough. It's often 30 days (living there) that make it more difficult to get them out. She has only been there a short period so she can be kicked out for trespassing without an eviction.

Then if she is out, then the other roommate needs to move out on her own asap. Then hand the keys back to the landlord asap.Then the landlord wont need to evict. Then you just have back due rent for Aug and maybe part of September to pay if they dont get a new tenant by then. You should be able to work out some kind of payment plan with them. But at lease it will avoid eviction.

You need an attorney asap to get the squatter out before they start growing roots (30 days) and then they need to be evicted which means you are too.

**Disclaimer - each state's laws can differ and 30 days for living there might differ for each state. This is one of the 20 reasons you need an attorney. As you know, an eviction will hurt you for many years into the future. Money spent on an attorney asap might prevent an eviction. Even if you have to put the attorney fee on a credit card.

BEst of luck to you. Stay on top of this and don't delay.
Reply With Quote Quick reply to this message
 
Old 08-09-2014, 10:41 AM
 
9 posts, read 28,923 times
Reputation: 24
Quote:
Originally Posted by sware2cod View Post
As STTS said, Debra isn't an official resident because she hasnt lived there long enough. You need to speak to an attorney and find out about contacting the police and kicking her out for trespassing. She is NOT on the lease and isn't a tenant because she hasn't been there long enough. It's often 30 days (living there) that make it more difficult to get them out. She has only been there a short period so she can be kicked out for trespassing without an eviction.

Then if she is out, then the other roommate needs to move out on her own asap. Then hand the keys back to the landlord asap.Then the landlord wont need to evict. Then you just have back due rent for Aug and maybe part of September to pay if they dont get a new tenant by then. You should be able to work out some kind of payment plan with them. But at lease it will avoid eviction.

You need an attorney asap to get the squatter out before they start growing roots (30 days) and then they need to be evicted which means you are too.

**Disclaimer - each state's laws can differ and 30 days for living there might differ for each state. This is one of the 20 reasons you need an attorney. As you know, an eviction will hurt you for many years into the future. Money spent on an attorney asap might prevent an eviction. Even if you have to put the attorney fee on a credit card.

BEst of luck to you. Stay on top of this and don't delay.
Thank you and others above for the responses! The apartment is being quite confusing with the whole "name on the apartment but not on the lease" crap; I always hated dealing with them anyway because they are always confused. But here's an update:

I went to the complex this morning and spoke with a staff member who told me that Debra had been down there earlier that morning with an $800 check to pay the rent. Now the balance is $900, and she told her she would pay the rest via what we call the online portal. The online portal is not valid for her because she is not yet on the lease; only I and first roommate can access it. The staff member told her that she could not accept partial payment either. The only option left is for her to give ME the full balance and I can pay it on the portal. She advised me that since it appears to be as if Debra is going to EVENTUALLY pay, to go up to apartment and talk to her. She gave me a key to the apartment as I still have a right to go there. I knocked first, no answer, then went in. I did not go into the bedroom, but I believe Debra was there. In any event, I left a note on her door stating she had until 5 PM today to meet with me and give me the full amount and sign the lease or I was going to have her put out for trespassing and take her to small claims, on the advise from the staff. Let's hope she responds to that!
Reply With Quote Quick reply to this message
 
Old 08-09-2014, 11:12 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,424,020 times
Reputation: 26726
Sounds like good progress. Is this a lease takeover or are you subleasing to Debra? It's a little confusing when you say she's "taking over" the lease but by the same token you're holding a security deposit from her. If this is a sublease agreement then you remain totally responsible for the terms and conditions of the lease and the LL will not go after her for unpaid rent or damages but after you.
Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Similar Threads

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top