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My situation might be a no win for me but I wanted to get some advice before I made any moves. I signed a lease with a roommate back in 2013 (month to month) and that roommate eventually moved on and I received another roommate who signed a new lease with me at the same apartment and the same terms, that roommate eventually moved on to. When I asked for a new lease for the new roommate the landlord agreed but never sent one after multiple times of asking. Well...that roommate ended up getting married and moved out so I got a new roommate again! I asked again for a new lease for the latest roommate with the same results of agreement but no new lease. Every time the roommates changed the landlord never checked on the property, now I have moved out of that place as well as the newest roommate but the landlord is holding me responsible for damages and fees and is threatening law suit. I was wondering if this was legal since their was never a new lease and it was documented in text message that I was suppose to receive one. I never received any itemized bill of amount owed to landlord except for when I received a letter from their lawyer saying I had 20 days to pay it all or legal actions would be taken. I honestly cant afford to pay the fees all at once but offered an immediate proportion and asked for a payment plan but have not received word back from the land lord yet. Any help would and advice would be appreciated.
You and a roommate signed a month to month "lease" with the landlord? A lease is usually the term used for a term tenancy (i.e. one year). If you were on a month to month and the subsequent roommates signed a sublease agreement with you then the only people the landlord has to go after for any monies owed are the original tenants and he can go after one or the other or both. Since you're the remaining one of the original two then the LL is demanding whatever's owed from you. You're responsible for all damages. If it goes to court and a judgment is rendered against you which you feel is partially the responsibility of someone else then it's up to you to take the other person/people to court on your own.
Your landlord has an obligation to return your security deposit within a certain period from your leaving, along with a list of itemized deductions from it. If you go to the first "sticky" on this forum you'll find a link to your state landlord tenant laws which will explain the procedure he has to follow. If he hasn't followed proper procedure then he'll likely have to return your whole security deposit. However, if you created additional property damage he can sue you for those separately from the security deposit issue.
You and a roommate signed a month to month "lease" with the landlord? A lease is usually the term used for a term tenancy (i.e. one year).
I'm not sure why this is a question. We do month to month leases sometimes. "rental agreement" and "lease" are used interchangeably and can be for any time period. You could have a weekly lease, if that was the term agreed to.
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If you were on a month to month and the subsequent roommates signed a sublease agreement with you then the only people the landlord has to go after for any monies owed are the original tenants and he can go after one or the other or both. Since you're the remaining one of the original two then the LL is demanding whatever's owed from you. You're responsible for all damages. If it goes to court and a judgment is rendered against you which you feel is partially the responsibility of someone else then it's up to you to take the other person/people to court on your own.
Your landlord has an obligation to return your security deposit within a certain period from your leaving, along with a list of itemized deductions from it. If you go to the first "sticky" on this forum you'll find a link to your state landlord tenant laws which will explain the procedure he has to follow. If he hasn't followed proper procedure then he'll likely have to return your whole security deposit. However, if you created additional property damage he can sue you for those separately from the security deposit issue.
Hope that helps.
Otherwise, I agree with the rest of this. If the only existing lease still has the original roommate listed on it, the landlord could sue them also, even though they've been gone for some time. But if they can't find them, they can go after just you. If the other roommates did the damage, it is up to you to sue them yourself.
As each roommate moved in, did you have them each pay new deposit and return to the moved-out roommate their share of the deposit less damages they did? If so, you'd have the money to pay for the damages they did now. Alternately, if you didn't, then the original roommate could file a suit against your for their share of the deposit if the property was not damaged when they moved out.
The fact that you got new roommates and told the landlord you wanted a new lease is irrelevant. Did the landlord run credit and background (whatever their normal approval process is) on these new roommates and approve them? If not, and you just informed the landlord "Bob is gone, but Bill is here now", they were your subtenants, and any agreement would be between you and them, not them and the landlord.
I never received any itemized bill of amount owed to landlord except for when I received a letter from their lawyer saying I had 20 days to pay it all or legal actions would be taken. I honestly cant afford to pay the fees all at once but offered an immediate proportion and asked for a payment plan but have not received word back from the land lord yet. Any help would and advice would be appreciated.
This would be your only chance. If the landlord did not send you an itemized list within the allowed time frame, and you DID give them a forwarding address, you might have a chance at getting the deposit back. But like STT said, in some states and some circumstances, the LL can return your deposit and then sue you for the damages.
You got a new roomate, or you got one with approval?
Seems like roommate #2 is on the h99k as well if you didn't go through the proper process.
This whole thing seems like it could get very complicated, especially 8f there was an approved new roommate and the deposit wasn't returned. I'd seek the advice of an attorney
Sorry. You, OP, are responsible for the rent and the damages until the keys are returned to the landlord and the unit is vacant.
Maybe you should have dealt with the moving out roommates and their damage or unpaid rent at the time they moved out.
Your problem is roommate politics and none of the landlord's concern.
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