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Old 08-26-2014, 12:57 PM
 
1 posts, read 5,720 times
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What are my options in Ohio. I co-signed for an apartment lease for my brother who isn't working and hasn't paid any rent. The lease is up in October and I won't be renewing it. What are my options to get him out of the apartment, because if the landlord files for an eviction he's going to bill me for all of the cost ?
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Old 08-26-2014, 04:28 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,673,728 times
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That's a tough lesson to learn but, you're right, when (and I doubt that's an "if") the LL files an eviction he's going to be coming after you as well as your brother. The only thing I think you might be able to do once the judgment is entered is to sue your brother for what he's going to be owing you. If you're able to do that (it's a legal issue to be answered by an attorney) and get a judgment against him you won't be able to collect if he's not working but you can keep the judgment going and, when he gets a job, can have his wages garnished. That may be your only option. I don't think there's anything you can do to get him to leave the place before an eviction - but you might have a word with the LL and get him to file now rather than wait any longer and rack up another month's rent due.
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Old 08-26-2014, 07:07 PM
 
Location: Powell, Oh
1,846 posts, read 4,740,504 times
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This is a jerk way to do it, but it's better to be a jerk than have your credit ruined...

You are still on the lease. While he is out of the apartment one day, you replace the door locks and not let him back in. Then when you know it's safe you can move his stuff to a storage unit. If you want to be a nice guy, you pay the rent there for 6-12 months. And let him know he has 6-12 months to get his crap together. Of course, you be up front with the place and tell them why you are changing the locks. They'd rather you do it, then be stuck trying to evict and deal with that crap. Pay the rent as agreed until the lease is up. Make sure to clean the place really well and make any repairs. So they get it back in better shape than they gave it to you in.

It will take some up from work, but you will be thankful once it's all done.
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Old 08-27-2014, 05:34 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,673,728 times
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Quote:
Originally Posted by brianjb View Post
This is a jerk way to do it, but it's better to be a jerk than have your credit ruined...

You are still on the lease. While he is out of the apartment one day, you replace the door locks and not let him back in. Then when you know it's safe you can move his stuff to a storage unit. If you want to be a nice guy, you pay the rent there for 6-12 months. And let him know he has 6-12 months to get his crap together. Of course, you be up front with the place and tell them why you are changing the locks. They'd rather you do it, then be stuck trying to evict and deal with that crap. Pay the rent as agreed until the lease is up. Make sure to clean the place really well and make any repairs. So they get it back in better shape than they gave it to you in.

It will take some up from work, but you will be thankful once it's all done.
Bad advice. The OP is a cosigner not a cosignatory to the lease and any such actions you're suggesting would be totally illegal.
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Old 08-27-2014, 06:14 AM
 
Location: NC
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See if the landlord will let you buyout your responsibility for the lease. Epically bad move to co-sign for anyone and especially deadbeats.
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Old 08-27-2014, 07:30 AM
 
9,875 posts, read 14,112,458 times
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Quote:
Originally Posted by Suncc49 View Post
See if the landlord will let you buyout your responsibility for the lease. Epically bad move to co-sign for anyone and especially deadbeats.
While it wouldn't hurt to ask, I see no reason why the LL would agree to this. By co-signing, the OP has agreed to be responsible for the whole thing. Why would the LL agree to a lesser amount and still have the deadbeat living there?
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Old 08-27-2014, 02:49 PM
 
Location: North Idaho
32,634 posts, read 47,975,309 times
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Unfortunately, that's what it means to cosign. You have taken on a contractual obligation to pay rent and damages until the tenant moves out. If you are the cosigner and your brother is also on the lease (he must be the lessee if you are the cosigner), you don't get to cancel the lease. Cancelling the lease is between the lessee and the landlord, not the cosigner.

Your options are to talk your brother into moving. Or you could trick him into moving to another apartment where he is not on the lease and it would be easier to get him out. However, if you do that, you probably have another year of lease to pay on the new place.

Ask the landlord to give him a written notice that the lease is not being renewed and that he has to move out at the end of the lease. At the same time, offer to allow him into your own house and once he is there, you can evict him.

In future, think it through a little more thoroughly before you cosign. He's your brother; you must have had some sort of hint that he is a deadbeat. Even so, you signed up to support a deadbeat. Now you are on the hook until the apartment is turned back over to the landlord.
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Old 08-30-2014, 12:15 PM
 
33,016 posts, read 27,443,387 times
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Quote:
Originally Posted by Suncc49 View Post
See if the landlord will let you buyout your responsibility for the lease. Epically bad move to co-sign for anyone and especially deadbeats.

It is a standard landlord practice to require joint and several liability when renting a dwelling to two or more people.

I've never agreed to it and this is one reason I troll the gray market of rooms on Craigslist.
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Old 08-30-2014, 12:19 PM
 
33,016 posts, read 27,443,387 times
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Quote:
Originally Posted by oregonwoodsmoke View Post
Unfortunately, that's what it means to cosign. You have taken on a contractual obligation to pay rent and damages until the tenant moves out. If you are the cosigner and your brother is also on the lease (he must be the lessee if you are the cosigner), you don't get to cancel the lease. Cancelling the lease is between the lessee and the landlord, not the cosigner.

Your options are to talk your brother into moving. Or you could trick him into moving to another apartment where he is not on the lease and it would be easier to get him out. However, if you do that, you probably have another year of lease to pay on the new place.

Ask the landlord to give him a written notice that the lease is not being renewed and that he has to move out at the end of the lease. At the same time, offer to allow him into your own house and once he is there, you can evict him.

In future, think it through a little more thoroughly before you cosign. He's your brother; you must have had some sort of hint that he is a deadbeat. Even so, you signed up to support a deadbeat. Now you are on the hook until the apartment is turned back over to the landlord.

Standard practice. How else you gonna rent an apartment you can't afford on your own? Deck is stacked, man.
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Old 09-01-2014, 02:12 PM
 
16,235 posts, read 25,202,137 times
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Quote:
Originally Posted by apache86 View Post
What are my options in Ohio. I co-signed for an apartment lease for my brother who isn't working and hasn't paid any rent. The lease is up in October and I won't be renewing it. What are my options to get him out of the apartment, because if the landlord files for an eviction he's going to bill me for all of the cost ?
Why not contact the LL now, and tell him that you will not be co-signing on a new lease for your brother. That way at least you can keep some expenses down to between now and Oct. Send a certified letter and keep a copy. That way if he allows your brother to re-up his lease, you gave him notice before hand, hopfefully the LL can't stick you with any obligation beyond this years lease.
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