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Old 04-06-2011, 08:17 PM
 
7 posts, read 17,842 times
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I am being sued by my old landlord for damages to a rental house that my dog damaged. My question is that he has also filed a suit against my girlfriend as well. We were not together when I rented the house nor was her name ever put in the lease or signed a lease. Is it legal for him to sue her as well for damages?
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Old 04-06-2011, 08:53 PM
 
Location: Downtown Harrisburg
1,434 posts, read 3,923,566 times
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The simple answer is yes -- anyone can sue anyone at any time for any reason.

I think the question you want to ask is "does he have a good case against her". The answer to that really depends, but is probably no. If her name isn't on the lease, and she wasn't responsible for the damages, then I couldn't imagine why he'd go after her. However, if she did cause the damage, then she can certainly be held responsible, even if she isn't on the lease.

Even if his case is bunk, she must go to court (or hire a lawyer) to defend herself. If she doesn't, your former landlord will win a default judgement against her, no matter how ridiculous his case may be.
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Old 04-06-2011, 09:54 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,891,396 times
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I bet the LL is hoping that she will ignore the suit and the LL will win by default. Make sure she answers the lawsuit and defends herself. If she was not on the lease it is doubtful the LL has much of a case. Did she live there? Did her check ever pay the rent? Was it or is it now HER dog? Be sure the facts are all there and she defends herself or she will loose.
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Old 04-06-2011, 11:27 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,400,419 times
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If she lived there for over 30 days then she could be legally considered a tenant, that's probably why he has included her in the suit.
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Old 04-07-2011, 03:29 PM
 
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We just found out today that the house wasnt even deeded over to him until 4 1/2 months after he rented the house to me. So even when he had me sign a lease and took my money for all of those months he didnt have a deed in his name,it was still in the companies name that fourclosed on the house. Is there anything I can do about this? Can charges be filed against him for fraud or anything?
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Old 04-07-2011, 03:37 PM
 
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I don;t think a "Deed" is a requirment to lease out a space. So long as he was "Authorized" to do so legally who's name the deed is not an issue.

The question I have is, how does he know who your girlfriend is and her name? There is something you're not telling us.
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Old 04-07-2011, 04:34 PM
 
912 posts, read 5,262,618 times
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Quote:
Originally Posted by PacificFlights View Post
I don;t think a "Deed" is a requirment to lease out a space. So long as he was "Authorized" to do so legally who's name the deed is not an issue.
Correct. If not LLs would have to transfer ownership of their properties to Rental Management Firms, and that wouldn't work too well.
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Old 04-07-2011, 04:44 PM
 
7 posts, read 17,842 times
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He went into the home while we were gone and got all of her information off off bank records that were in the home. I just found out about 30 min's ago that a judgement was handed down on Dec 20th on this. I was never notified nor was my girlfriend that a court date had been set. I mean How can that happen? They award someone 30,000 without even letting the other party know. The only way I found out is I called the court house. Here is what happen in a short story. We got served papers and we went and got an attorney and he was working on it for us. Well he submitted questions to the other side to answer, well it took 9 months for us to get a response, well by the time we got a response the attorney we hired moved and was unable to proceed. within that time frame I was hurt at work and It has only been 4 months so I thought I would have the same amount of time to get someone else to help me on this matter but it looks like the filed with the court as soon as my attorney dropped us... I'm so lost here because I feel I have been played by people in this small town I call home because the other party knows everyone at our court house and his attorneys wife is the DA so I guess I'm just screwed and left owing 30,000 on a peace of propriety he paid 42,000 for. Please any information would be great because I am losing my mind a little
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Old 04-07-2011, 05:03 PM
 
Location: Maine
2,272 posts, read 6,670,689 times
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Your dog did $30,000 in damage??!!!

Get a copy of the order from the courthouse and call other attorneys ASAP to see if someone can help you.

There is more to this story than what's been told here so far, I think.
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Old 04-07-2011, 05:13 PM
 
4,918 posts, read 22,685,783 times
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Still fishy.
You were properly served and you had an attorney, so anything after that is a court issue. If the LL did it by the book and you didn;t (mistake, unintentional, oversight, whatever) you and the courts and the attorneys are to work it out. The LL is now out of the picture unless the courts reverse the judgement.
Nobody can (or will want to) help you if your dishing out information in dribs and drabs. The info on being served and having an attorney was something that soud have been the first information provided. There is a lot more to this on your part that your withholding.
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