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Old 11-19-2016, 12:05 AM
 
3 posts, read 7,162 times
Reputation: 10

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I have a friend in Florida who signed a ONE YEAR lease with two other roommates September 2016. One of the other roommates didn't pay the next months' rent (October 2016). A notice was sent out to all tenants and a court case was filed on November 1st. I've never been through an eviction, but I just have a few questions..


1.) The default amount in court documents is around $800, 1/3 of the rent. This proves that two tenants paid rent. All are being mentioned in the eviction.

2.) If the eviction does happen (it probably will) are all three tenants going to have "eviction" on their records? Even the two who did pay?

3.) At what point would it show "eviction" on a tenants record? Is it when the eviction paperwork is filed with the court or when the judge makes his final ruling.
For example, if my friend (who paid his portion) wanted to find a new place to live, would the landlord of the new place see that he's currently getting evicted even though there has been no final ruling?

Thank you!!
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Old 11-19-2016, 02:48 AM
 
Location: Phoenix, AZ area
3,365 posts, read 5,235,904 times
Reputation: 4205
1) All 3 are equally responsible so when one defaults it is up to the remaining 2 to figure it out

2) All 3 will be evicted and that eviction will haunt you for the rest of your life, that stuff never goes away.

3) Here when filed it shows on a background check. As for credit it shows up when the judgment is given and recorded. I have a question that asks if you have ever had an eviction filed and you would have to answer yes or when I do find out you will be evicted again. I do a court search after a few months on all my tenants just for this reason but this is free for me to do here in AZ.
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Old 11-19-2016, 04:32 AM
 
10,746 posts, read 26,012,197 times
Reputation: 16028
Unless there are three leases all of them are responsible for the rent..so if one doesn't pay up, they all get evicted.

it will show up in a simple county records search that is available in Florida..it's free and anyone can access it.

This situation sucks...you're barely there a month and there's already rent issues. Evictions move fast in Florida and rentals do not sit empty long so landlords have no problem getting problem tenants out ASAP
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Old 11-19-2016, 04:47 AM
 
12,016 posts, read 12,752,567 times
Reputation: 13420
I never knew all 3 would be evicted. I never reallhy thought about it but that's how they have to do it, I guess. If you rent a room from someone it can also happen is they are the leaseholders and you are their tenants.

That's a great lesson for people who have roommates who always pay rent and always intend to. I wonder if all 3 go to court if the judge can do to keep the 2 honest victims from having an eviction against them. Seems so unfair
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Old 11-19-2016, 05:22 AM
 
5,295 posts, read 5,235,850 times
Reputation: 18659
Its not unfair. Thats why all 3 are on the lease. The landlord doesnt care how they divide up the rent payment, be it in thirds, or one person pays it all, it doesnt matter. All on the lease, all are responsible. Its no different than co signing a loan for someone. If the person you cosigned for doesnt pay, you're on the hook.
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Old 11-19-2016, 09:15 AM
 
12,016 posts, read 12,752,567 times
Reputation: 13420
Quote:
Originally Posted by carnivalday View Post
Its not unfair.
If one of them were your kid who got into a roommate situation with a deadbeat that won't leave you might think differently. My opinion is that it us unfair, I'm not a cold hearted person, sometimes laws are not fair.
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Old 11-19-2016, 02:22 PM
 
5,295 posts, read 5,235,850 times
Reputation: 18659
If I had a kid, I wouldnt let him get in a situation like that. Its the law. You sign a lease, you're responsible for it. Time for special snowflake to learn how laws work.
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Old 11-19-2016, 02:57 PM
 
33,016 posts, read 27,449,790 times
Reputation: 9074
Quote:
Originally Posted by AZ Manager View Post
1) All 3 are equally responsible so when one defaults it is up to the remaining 2 to figure it out

2) All 3 will be evicted and that eviction will haunt you for the rest of your life, that stuff never goes away.

3) Here when filed it shows on a background check. As for credit it shows up when the judgment is given and recorded. I have a question that asks if you have ever had an eviction filed and you would have to answer yes or when I do find out you will be evicted again. I do a court search after a few months on all my tenants just for this reason but this is free for me to do here in AZ.

If YOU were renting, would YOU sign up to be responsible for covering someone else's default?
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Old 11-19-2016, 02:59 PM
 
33,016 posts, read 27,449,790 times
Reputation: 9074
Quote:
Originally Posted by LifeIsGood01 View Post
I never knew all 3 would be evicted. I never reallhy thought about it but that's how they have to do it, I guess. If you rent a room from someone it can also happen is they are the leaseholders and you are their tenants.

That's a great lesson for people who have roommates who always pay rent and always intend to. I wonder if all 3 go to court if the judge can do to keep the 2 honest victims from having an eviction against them. Seems so unfair

Standard operating procedure. The game is rigged from the start. Because They Can.
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Old 11-19-2016, 03:07 PM
 
33,016 posts, read 27,449,790 times
Reputation: 9074
Quote:
Originally Posted by carnivalday View Post
Its not unfair. Thats why all 3 are on the lease. The landlord doesnt care how they divide up the rent payment, be it in thirds, or one person pays it all, it doesnt matter. All on the lease, all are responsible. Its no different than co signing a loan for someone. If the person you cosigned for doesnt pay, you're on the hook.

Sure it's unfair. Why should an unmarried individual be liable for someone else's nonperformance?

By requiring EACH applicant to individually QUALIFY, the landlord demonstrates caring that each person can pay the rent. If you want to require each applicant to cover everyone else's rent, you should require them to qualify for the entire rent payment, which of course they cannot.

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