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If he didn't sign the lease, they have no cause for action against him. Being named as an occupant on the lease does not make him a party to the lease.
If he didn't sign the lease, they have no cause for action against him. Being named as an occupant on the lease does not make him a party to the lease.
So are they not at fault for not keeping the actual people on the lease updated to such pressing matters regarding the house? Even if I were to assume responsibility for the situation and attempt to pay out the balance, how can I be expected to muster up $4k or even $2k+ assuming another tenant aids my efforts in avoiding eviction before judgement is passed in literally 2 days...isn't that an absurd expectation on the leasing company's part?
How could they expect a payment of that magnitude in such a short time though, couldn't I have a case that this was presented to us in such short notice?
Depending on which state you're in (state landlord tenant laws are linked in the first "sticky" on this forum), a notice to cure/pay or quit can be 3, 7, 14 or whatever time is decreed by state law. The amount owed is "of magnitude" because the rent wasn't paid when it should have been. You have no case.
Depending on which state you're in (state landlord tenant laws are linked in the first "sticky" on this forum), a notice to cure/pay or quit can be 3, 7, 14 or whatever time is decreed by state law. The amount owed is "of magnitude" because the rent wasn't paid when it should have been. You have no case.
Okay, so I'm basically screwed, right? Damn, how much is the eviction and what not going to cost on top of the remaining ($4.5k balance)?
So are they not at fault for not keeping the actual people on the lease updated to such pressing matters regarding the house? Even if I were to assume responsibility for the situation and attempt to pay out the balance, how can I be expected to muster up $4k or even $2k+ assuming another tenant aids my efforts in avoiding eviction before judgement is passed in literally 2 days...isn't that an absurd expectation on the leasing company's part?
No they are not at fault. If your not named in the suit, why are you worrying about coming up with the money?
No they are not at fault. If your not named in the suit, why are you worrying about coming up with the money?
Because my name is on the lease...? And I'm under the assumption that "all other occupants" implies including me. Besides the tenant whose name is on the lease but with no signature IS named in the suit...
Update: on the statement that lists the charges against the tenants (fees, rent, etc.) my name is not listed either, but the three other names of the people I got into the lease with are...
No they are not at fault. If your not named in the suit, why are you worrying about coming up with the money?
No suit has yet been filed. A cure or quit notice has been given, it seems and it did not specifically include the OP's name. However, his name and signature are on the lease thus it can be assumed that he'll be named if this bunch doesn't get it together and pay the outstanding amount by January 2nd when the LL will move forward and file his action. They need to beg/borrow the money to avoid an eviction being filed as it seems they have no idea how an eviction can mess them up for years to come ...
No suit has yet been filed. A cure or quit notice has been given, it seems and it did not specifically include the OP's name. However, his name and signature are on the lease thus it can be assumed that he'll be named if this bunch doesn't get it together and pay the outstanding amount by January 2nd when the LL will move forward and file his action. They need to beg/borrow the money to avoid an eviction being filed as it seems they have no idea how an eviction can mess them up for years to come ...
Yeah, this is what I assumed I'd need to be doing. I'll just follow your advice because I'm pretty certain come the event of a proper court summons and suit, I would be named. I know eviction will screw me up for years, hence my panic and haste to amend this situation. Thank you all for you assistance and advice, I appreciate it.
The court summons says the names of three tenants (my name is not included) and "all other occupants".
As for my roommate that is contesting his name on the lease, he never signed the lease but he knew his name was on it and the landlord rep I talked to said that him paying the deposit and continually paying rent from that point on could mean that he accepts responsibility for his name being on the lease, but she said those kind of cases can go both ways.
I didn't mean for them to assist me, I mean they've literally NEVER, ever contacted me for any reason at all. I mean if the tenant weren't paying rent wouldn't they at least send out an email cc'd to all of the names on the lease going over the situation in the aforementioned email?
Read back on the thread. In my opinion he's confusing a cure or quit notice with a summons. He's not seen the notice and is going by what the current roommates are telling him.
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