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Old 04-18-2014, 07:10 PM
 
1 posts, read 1,625 times
Reputation: 10

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I am 25 years old. I have always been responsible. In Feb 2011 I was in a really bad accident & both my legs were broken. My right leg needed immediate surgery & has been put back together using screws & plates. At the time of my accident I was renting an apartment. I had a full time job I paid my rent early. I was only in the apartment for 3 months before I had the accident. I spent 2 months in the hospital & another month after that in a rehab facility. I literally had to be taught how to walk again. My landlord knew of my accident because it happened at my residence. At the time I had a roommate & if I'm being honest it was the person I was in a relationship with. They weren't working at all. When I had my accident she stayed in the apartment. Lived it up basically. She still had no job. When I got released from Rehab I came home to notice upon notice of course of Eviction. Now the length of my recovery all my "roommate" told me was "I took care of everything" so knowing her & her family I figured her mom helped us keep up with the rent because before any financial issue we couldn't handle alone she helped. I never expected to come home to almost no home at all. So after pleading with the complex manager there was clearly nothing I could do being almost now 3 months past due on rent. So my father suggested I move back in with his parents in California because he wasn't in a position to financially help & my grandmother being sick at the time took my grandparents out of financially helping me as well. So I did move. I left the state of Arizona & never went back. To my knowledge my "roommate" was asked to leave several times and didn't until the Constable came to change the locks. I have been financially stable for the past 3 years & moving out of my fathers house is way past due I tried to get an apartment. I make enough to qualify, I have no criminal record. My credit isn't amazing but it's not as bad as most peoples'. I was denied because of the situation in AZ. The landlord knew I moved & was fully aware that my "roommate" not only lived in the apartment the entire time but she stayed after I moved out of state. What am I to do now when I wasn't the person they physically kicked out. I informed them I could no longer stay & they knew I left. Shouldn't the eviction fall on my "roommate" who stayed for another month before the locks were changed? She was also a tenant in that apartment. Sad thing is the apartment was in my name. Help!!
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Old 04-18-2014, 07:38 PM
 
36 posts, read 78,911 times
Reputation: 57
I'm not exactly sure of your question. I think you are still responsible for paying the rent since you were still conscious and could have mailed the payments or made some type of arrangement. The other problem is that your roommate continued living there and was probably told payments weren't being made.

Anyways, you posted this thread in the Houston, TX section of the forum. This doesn't seem to have anything to do with Houston, so you should probably get it moved.
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Old 04-18-2014, 10:40 PM
 
Location: Kansas City North
6,823 posts, read 11,556,490 times
Reputation: 17174
I assume you never paid the 3 months rent (from the time of the accident until the time you moved to California?)
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Old 04-18-2014, 11:01 PM
 
13,131 posts, read 21,016,446 times
Reputation: 21412
You are liable for rent due and owed. ARS does not provide relief from rent due just because you can't or won't pay.

You mentioned the roomate but you never mentioned if you and the roomate were both listed as tenants on the lease or if only one of you was listed.

You mentioned the landlord knew, but did yoiu request to be relased from the lease and if so, was that request granted in writing?

There are certain provisions in law that will assist a disabled person to work through issues yoiu had, but the law is specific on what you must do and how. If you didn't do what the law requires, how it requires it be done, and what specific step by steps to do, you have no protection.
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Old 04-19-2014, 03:06 AM
 
10,746 posts, read 26,036,935 times
Reputation: 16033
Quote:
Originally Posted by CJayy View Post
I am 25 years old. I have always been responsible. In Feb 2011 I was in a really bad accident & both my legs were broken. My right leg needed immediate surgery & has been put back together using screws & plates. At the time of my accident I was renting an apartment. I had a full time job I paid my rent early. I was only in the apartment for 3 months before I had the accident. I spent 2 months in the hospital & another month after that in a rehab facility. I literally had to be taught how to walk again. My landlord knew of my accident because it happened at my residence.
At the time I had a roommate & if I'm being honest it was the person I was in a relationship with. They weren't working at all. When I had my accident she stayed in the apartment. Lived it up basically. She still had no job. When I got released from Rehab I came home to notice upon notice of course of Eviction. Now the length of my recovery all my "roommate" told me was "I took care of everything" so knowing her & her family I figured her mom helped us keep up with the rent because before any financial issue we couldn't handle alone she helped. I never expected to come home to almost no home at all. So after pleading with the complex manager there was clearly nothing I could do being almost now 3 months past due on rent. So my father suggested I move back in with his parents in California because he wasn't in a position to financially help & my grandmother being sick at the time took my grandparents out of financially helping me as well. So I did move. I left the state of Arizona & never went back. To my knowledge my "roommate" was asked to leave several times and didn't until the Constable came to change the locks. I have been financially stable for the past 3 years & moving out of my fathers house is way past due I tried to get an apartment. I make enough to qualify, I have no criminal record. My credit isn't amazing but it's not as bad as most peoples'. I was denied because of the situation in AZ. The landlord knew I moved & was fully aware that my "roommate" not only lived in the apartment the entire time but she stayed after I moved out of state. What am I to do now when I wasn't the person they physically kicked out. I informed them I could no longer stay & they knew I left. Shouldn't the eviction fall on my "roommate" who stayed for another month before the locks were changed? She was also a tenant in that apartment. Sad thing is the apartment was in my name. Help!!
Was she a roommate or was she a tenant? You said she was both....and then you said the unit was in your name only. Is her name anywhere on the lease as a tenant or occupant or sublease? (not that it really matters at this point anyway, but your story is confusing and hard to read)

You said you weren't physically removed...maybe not, but you were legally removed by the courts in the form of a formal eviction. Quite honestly, it's too late for you to do anything about this now....the eviction was filed, granted and served with your name on it. As for the roommate...she's in the same boat as you...both of you have an eviction on your record and possibly a judgment for the unpaid rent.

You could pay back all the unpaid rent, get a notice of satisfaction from the previous landlord and use that when applying for new places. Quite honestly, you're going to have a hard time finding a place that will take you with an eviction...it sucks, but there were things you should've done before leaving the unit and leaving the state, but you didn't and it's too late now to do anything about it.

Sorry and good luck.
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Old 04-19-2014, 05:16 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,729,597 times
Reputation: 26728
I don't know how you can go about fixing your credit history but there are MANY private landlords who don't do background checks and pull credit reports and these are to whom you should be looking for rentals. Good luck!
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Old 04-19-2014, 08:14 AM
 
Location: Riverside Ca
22,146 posts, read 33,563,927 times
Reputation: 35437
The apartment is in your name which makes you responsible for the payment. What happened to you is unfortunate but you are still financially liable.
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Old 04-19-2014, 01:25 PM
 
Location: North Idaho
32,663 posts, read 48,091,772 times
Reputation: 78494
You weren't in a coma and were certainly receiving SS disability benefits while you were hospitalized. It was you responsibility to make sure the rent was paid.

Then you left with someone still living in the unit and still didn't find out whether or not the rent was paid.

If your name was on the rental agreement, you got named in the eviction. With your name on the rental agreement, you were responsible for rent and damage until the unit was returned to the landlord.

You let things go and didn't bother to take care of business. Now you learn the consequences of your behavior. Nobody starts each sunrise with a clean slate. Your past behavior follows you around.

There are landlords who specialize in evictees and felons. You'll have to pay an extra large deposit. The unit won't be in the best neighborhood and maintenance won't be great. But you can be a good tenant and leave there with a good landlord reference which you rather desperately need at this point in your life.
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Old 04-19-2014, 02:44 PM
 
1,107 posts, read 2,280,108 times
Reputation: 1579
Quote:
Originally Posted by oregonwoodsmoke View Post
You weren't in a coma and were certainly receiving SS disability benefits while you were hospitalized. It was you responsibility to make sure the rent was paid.

Then you left with someone still living in the unit and still didn't find out whether or not the rent was paid.

If your name was on the rental agreement, you got named in the eviction. With your name on the rental agreement, you were responsible for rent and damage until the unit was returned to the landlord.

You let things go and didn't bother to take care of business. Now you learn the consequences of your behavior. Nobody starts each sunrise with a clean slate. Your past behavior follows you around.

There are landlords who specialize in evictees and felons. You'll have to pay an extra large deposit. The unit won't be in the best neighborhood and maintenance won't be great. But you can be a good tenant and leave there with a good landlord reference which you rather desperately need at this point in your life.
Ummm, people dont get SS disability benefits for being in the hospital two months. Wrong.

I would advise the OP to be up front with landlords and also pay any remaining back rent, and get a letter of satisfaction. Keep at it. You will find a landlord who will hear you. Plan on staying at the next apt you rent for at least 3 years. Get a good recommendation by being a model tenant. That will go a long way towards cleaning things up.
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Old 04-20-2014, 02:49 AM
 
10,746 posts, read 26,036,935 times
Reputation: 16033
Quote:
Originally Posted by jzeig104 View Post
Ummm, people dont get SS disability benefits for being in the hospital two months. Wrong.

I would advise the OP to be up front with landlords and also pay any remaining back rent, and get a letter of satisfaction. Keep at it. You will find a landlord who will hear you. Plan on staying at the next apt you rent for at least 3 years. Get a good recommendation by being a model tenant. That will go a long way towards cleaning things up.

they do if they have disability insurance thru their employer. (and if your employer offers it, get it!)
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