10 year old lease sent to collections? (apartment, tenant, evicted, rental property)
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Two tenants sign a lease for a rental property in Oregon in 2008. One of them moves out in 2009. The other one stops paying rent in 2017 and then is evicted in 2017.
Neither tenant thought to notify the landlord of the tenant that moved out in 2009.
The unpaid rental debt is sold to collections in 2017, and collections is pursuing both tenants.
Is the tenant who moved out in 2009 liable for the unpaid rent accrued by the one that got evicted in 2017?
It’s possible because the tenant that moved out was probably still named on the lease. So he was still legally a occupant. A lease in such move out situation where one stays one leaves, doesn’t end for one tenant that left because they moved out.
A lease signed with multiple tenants sees ALL tenants as one person. So they were both equally responsible . If the other guy stopped paying the LL could legally go after the tenant that left. Even if he doesn’t live there
It’s possible because the tenant that moved out was probably still named on the lease. So he was still legally a occupant. A lease in such move out situation where one stays one leaves, doesn’t end for one tenant that left because they moved out.
A lease signed with multiple tenants sees ALL tenants as one person. So they were both equally responsible . If the other guy stopped paying the LL could legally go after the tenant that left. Even if he doesn’t live there
If the one that moved out in 2009 can show proof of residency somewhere else (which is proof that he moved out), can this get him released of the debt that was created in 2017?
If the one that moved out in 2009 can show proof of residency somewhere else (which is proof that he moved out), can this get him released of the debt that was created in 2017?
Having a residency elsewhere does not relieve you of your lease obligations. Was a new lease ever signed with the remaining tenant?
If the one that moved out in 2009 can show proof of residency somewhere else (which is proof that he moved out), can this get him released of the debt that was created in 2017?
I don’t think you understand. It doesn’t matter if they left and moved elsewhere. They are still named on a existing lease that’s in effect. The fact that they don’t occupy the space doesn’t mean that they are off the lease.
They could of had their name removed with the LLs approval but that requires notification. As far as the LL was concerned he rented the place to Bob 1 and Bob 2. Makes no difference which of the Bobs occupiesthe unit. Could be Bob 1 or Bob2 or both. As long as the rent check arrives on time
You are out of luck. You didn't move out correctly, with the landlord's written permission and your name removed from the lease. Now you pay for your mistake.
It doesn't matter whether you lived there or not. You were on the lease, so you are responsible for both rent and damage.
Since I doubt that the two signed a 9 year lease, the question really can't be answered without knowing what the lease says. Did it renew automatically? If so, then the tenant who moved without notice may have some liability depending on state law. If the lease ended after a year, then the rent was likely considered month to month and the mover may not have more than a one month liability or you may have more depending on your state law. If the one who stayed renewed the lease without the mover's signature, then the mover should have no liability.
Depend on the exact wording of the lease. And I would still think the moved out tenant would be OK.
If i were the tenant I would have an attorney pretty a go away letter. I would expect the moved out tenant would easily prevail in small claims court. The LL knew or should have known who was renting the apartment after 8 years.
The original lease was a 1-year lease that automatically renewed on a month-to-month basis after the initial lease was up. So, presumably, the unit was being rented on a month-to-month basis by the remaining tenant for about 8 years.
It is unknown if a new lease was written up at some point after the first tenant moved out.
The original lease was a 1-year lease that automatically renewed on a month-to-month basis after the initial lease was up. So, presumably, the unit was being rented on a month-to-month basis by the remaining tenant for about 8 years.
It is unknown if a new lease was written up at some point after the first tenant moved out.
So, you were on the original lease, then YOUR lease renewed on a month to month basis. You never legally notified the landlord that you moved nor did you legally remove yoursef from the lease?
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