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I hope that "plan of attack" includes finding a new place to live and figuring out how to pay the back rent already owed? Expect to be evicted unless you work something out with the landlord to vacate and pay the back rent owed without them getting and eviction order and/or judgement order for the monies owed. This has gone on too long from a landlord's perspective and every red flag from your first post onward was ignored by you and that further complicated the situation. So, line up that moving van.
Plan of attack:
1. pay one month of back rent today
2. talk to lawyer during our scheduled meeting tomorrow and see how he thinks it is best to proceed.
3. From there, I assume that I either meet with the property manager, or my lawyer meets with their lawyer, or both to work out a payment agreement.
4. Meanwhile, I've started the apartment search, but until I settle with our landlord, I am going to assume that the best I will be able to get is a friends couch. This is urban Chicago; I don't know anyone that can afford things such as garages or spare bedrooms.
I'm also hoping that all of these help my case a little, even though I know they don't have to give me any leniency:
1. I previously paid 2 years of rent to them on time every time and left two apartments in perfect condition with 100% security deposit return.
2. They were deceived by him as much as I was...after all they approved his application twice when he must have falsified his income information, provided fake references, and somehow manufactured an excuse for misdemeanor (this company takes no exceptions for criminal history). And they let him pay over and over and over again out of a closed account. Why didn't they force us to pay with cashiers checks earlier?
3. I was kept in the dark for 3 months. Apparently our PM was sending 5 day notices and overdue bills every month since July, and he was pocketing them away. The checks he wrote stayed in the online system for 2 weeks, so every time I signed in, it looked like things were okay. Unfortunately, I don't know how I prove this.
Also, I read through all the recent court records with this particular LL, and actual evictions seem to be rare, even when huge amounts of money are owed. Several end in an agreement for a payment plan. So I am hoping I have the same luck.
All I can say is that I'm really glad you have a lawyer. Because at this point, the landlord could file charges of misdemeanor fraudulant check writing, multiple counts. As a co-tenant, you could be named in that suit, even though you didn't know it was happening.
Are you still living with the felon until you present all this evidence? I'd be careful he isn't out causing even more future problems for you. I'd get out and fast.
All I can say is that I'm really glad you have a lawyer. Because at this point, the landlord could file charges of misdemeanor fraudulant check writing, multiple counts. As a co-tenant, you could be named in that suit, even though you didn't know it was happening.
I agree. If I was the landlord, I'll also be going after criminal charges for all.
It doesn't work that way. They both signed the lease so they are both equally responsible for the full rent payment. So for instance, if one person moves out and the other stays or wants to stay, then the person who stays has to come up with the full rent plus all unpaid back rent or that person would be evicted. The tenant who remains who paid their fair share would have to go after the person who moved out. The LL doesn't care who was at fault. If both move or skip out, it doesn't matter if one paid their 1/2 (or agreed upon share) of the rent. Both would be sued by the LL.
No LL is going to get involved in the details of who paid and who didn't. All they care is that the full rent is paid monthly. The details are for the tenants to duke it out amongst each other.
Unfortunately this happens far too many times in roommate situations where they don't understand that they are all equally responsible to make sure the full rent is paid. There is no suing individual tenants in roommate situations when it comes to unpaid rent.
You've missed some relevant info. The partner was supposed to be paying rent this year...as the Op had paid all last year. Nothing will be returned to the OP...especially since he suspects it was all forged.
OP get yourself to your attorney, tell him what you have found out on your BF computer just now...You do not want to be accused of being an accomplice somehow...You the LL and the bank are the victims.
Do as one poster suggested, bail...If you are lucky, and because you were paying and doing the right things regarding your rental situation last year, maybe your LL will have pity on you, because you were duped in a big way, and either let you pay payments, or at least give you a good reference because of your payment history., I just hope you can be exonerated of any wrong doing....this is very scary...Have you talked to this attorney>?? And, who was this supposed financial advisor?? was that a lie too?
This is a horrible situation....and you need to save yourself now, get to that attorney, share what you've just discovered after the bank letting your BF know the account was closed...Do this asap. You weren't privy, because you were not on the account...make sure that the attorney understands...you were not part of this bank situation, other than your trying to resolve your rent issue, because of what you thought was bank mix-up....You were not privy to any information because of privacy etc....You had no knowledge....until you ran across this computer stuff...I will pray that you can get away from this situation no more scathed than you are. I feel badly for you...
You've missed some relevant info. The partner was supposed to be paying rent this year...as the Op had paid all last year. Nothing will be returned to the OP...especially since he suspects it was all forged.
OP get yourself to your attorney, tell him what you have found out on your BF computer...You do not want to be accused of being an accomplice somehow...You the LL and the bank are victims.
Do as one poster suggested, bail...If you are lucky, and because you were paying and doing the right things regarding your rental situation last year, maybe your LL will have pity on you, because you were duped in a big way. I just hope you can be exonerated of any wrong doing....this is very scarey...Have you talked to this attorney>?? And, who was this supposed financial advisor?? was that a lie too?
This is a horrible situation....and you need to save yourself now, get to that attorney, share what you've ust discovered asap.
I did not miss any relevant info. They are both equally responsible no matter what happened. I am not saying that I think it is right however, that is the way it goes. Actually the LL would be crazy to allow the OP any forgiveness in the matter because the OP is the only one that seems to have any money. If the LL let the OP off the hook then the LL would get nothing because the roommate obviously has nothing for the LL to go after.
If the LL goes after both of the tenants he has a better chance of collecting. If the judge wants to sort it out and demand the roommate pay his fair share then so be it. Or if not, then the OP would then have to go after the roommate for his share. LL is much better off going after both of them. Sad but true. Again, I know the roommate obviously screwed the OP over but it is not the LL's fault or problem. In order for the LL to have a better chance of getting any money he has to go after both. That is what they sign a contract for. They are both equally responsible which protects the LL.
Again, it is not the LL's responsibility to sort out the details/mess.
Last edited by Corn-fused; 11-10-2015 at 10:35 PM..
Nope I haven't talked to him yet. I have dropped a note to the lawyer and set up to talk to him on Tuesday.
I want to be sure that I have all of my affairs and plan of attack in order before I give him any hint that I know what's going on. Because it's not just about lying about paying rent; he's fabricated most of his existence: what his parents do, some of the jobs he's worked, two of the schools he attended, the degrees he claims to have attained. Pretty much any document he's ever given me turned out to be fake. I don't even know how our apartment application was accepted knowing all of this. All of these strands fell apart when I realized that I needed to do some real digging.
I don't know how he is going to act. And I'm kicking myself that I trusted him for so long, when some of the evidence was sitting right in front of me.
I wouldn't talk to him....I would escape...and file a restraining order immediately. You do not know what someone might be capable of that has gone to this extreme to hide their identity. Be safe.
I did not miss any relevant info. They are both equally responsible no matter what happened. I am not saying that I think it is right however, that is the way it goes. Actually the LL would be crazy to allow the OP any forgiveness in the matter because the OP is the only one that seems to have any money. If the LL let the OP off the hook then the LL would get nothing because the roommate obviously has nothing for the LL to go after.
If the LL goes after both of the tenants he has a better chance of collecting. If the judge wants to sort it out and demand the roommate pay his fair share then so be it. Or if not, then the OP would then have to go after the roommate for his share. LL is much better off going after both of them. Sad but true. Again, I know the roommate obviously screwed the OP over but it is not the LL's fault or problem. In order for the LL to have a better chance of getting any money he has to go after both. That is what they sign a contract for. They are both equally responsible which protects the LL.
Again, it is not the LL's responsibility to sort out the details/mess.
I see what you meant now. You are right, the agreement was between the partners/renters. Sure hope the OP can get away from this horrible situation.
I agree. If I was the landlord, I'll also be going after criminal charges for all.
From the sound of it, the Bank is already doing that....the post where the OP found out the "acct" had been closed for 3 weeks due to fraudulent activity....The LL will be out of it except as a victim if Federal charges are filed by the States attorney. Can't stop this train now. I just hope the OP can get out of this with only past rent due. I'd also be trying to remember anything that may be in both their names from the past couple of years...and make changes to any shared accounts now that he knows all this...Scary and sad for the OP.
I see what you meant now. You are right, the agreement was between the partners/renters. Sure hope the OP can get away from this horrible situation.
Agree, I hope they find a resolution also. I have had similar, as a renter, personally have this happen to me in the far past and it is not pretty nor pleasant.
But also being on the LL side, we have had similar situations happen where one roommate was not paying their fair share of the rent and we feel for the one roommate however, we have no choice but to go after both or we may lose our chance of getting any money at all.
That is why I specifically take the time to explain thorougly to roommate situations prior to renting that they are both (or all) equally responsible no matter what happens.
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