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jennie7173 | Eviction question? |
I lived with an ex in an apartment that he signed the lease on and I didn't. I gave him half of the rent and bills and he blew it and didn't pay the rent and now the landlord has named me in the judgement for the past due rent. Can he do this if I didn't rent the apartment?????
Additional Details
My ex signed the lease and i moved in with him. I paid my rent money to my ex and he did not pay the rent i moved out and he got evicted and now i have a judgement against me for the past money owed. So am i liable to pay it even if i did not sign the lease and i paid all that was owed to my ex before i moved out |
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BoomChikkaBoom
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If you have a judgement against you, then the matter has already been decided. It's not a question of "can he" if he already has.
Why didn't you go to court on that date?
Getting your name off a judgement is much harder and much more expensive than going to court and making sure your name was never put on in the first place.
You are going to have to find out the procedure for reopening the matter and then follow it in order to get your name removed. |
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goz1111
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I luv hit the nail on the head, if a judgment has been issued against you then the landlord has done it and its recorded meaning he can place a lien on you maybe garnish your wages depending on the state and report the judgment on your credit report
also as stated above to remove the judgment is a hard process that most likely will require a lawyer to see if you have a legal valid reason to appeal the judgment if not you will be liable for the monies |
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tirebiter
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i think it depends where you live, but i never heard of such a thing, if you did not sign on the lease, you should not be held liable -- good luck |
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kittysummerstar
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I do not beleive so at all. He is blowing smoke here if you did not sign the lease then you are not responsible for anything at all. |
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hawndawg
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He can have you evicted, but will not be able to make you pay rent unless he has evidence that you have paid him in past or he verbally approved etc. ( this would substantiate a rental agreement with him) You are probably either a sub-tenant of the roommate or a guest of the roommate. If you show up at the hearing and prove to the court that you paid the rent to the roommate, it may exempt you from any judgment. I say "May" because judges can be eccentric. Show up, make your argument, be truthful and maybe you will get justice. The court may order you to pay the rent to the landlord and then sue the roommate for reimbursement.
Try to find some defenses to the eviction. There are two matters before the court. 1) possession and 2) rent.
If you surrender possession immediately, the landlord cannot take you to eviction court because possession is moot. So he must sue in small claims court. Then you can file your answer and fight it. you may also be allowed to counter-sue the landlord if you can think of valid reason and this may discourge him from pursuing you.
Look up how to defend yourself in the library in some of the books published by Nolo press. they are very good. This can be a valuable life lesson for you.
If the "ex" was an ex-husband, all this may be different legally. I presume he or she was an ex friend or similar. not legal spouse. |
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I love sushi
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If you are not on the lease, I don't think so. You need to talk to a lawyer. |
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Been There~Done That!
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Best thing you could have done here was refer to the other individual as your "ex". Keep it that way and as soon as you are through putting up with the trouble the "ex" has caused walk away and walk with your head up high. Learn from this and never let it happen again.
I think you should be okay with it. If it comes to who is right and who is wrong I am sure that the real picture will be seen. |
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F T
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Probably not, since you did not sign the lease. However, some states may claim that all adults living in the apartment are responsible. Check with your state or an attorney. |
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-
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Yes and no. Ultimately a judge would have to decide. Your question is a little confusing. Plantifs don't name people in judgements, judges do. Do you mean he named you in a suit? Or he one the suit and the judge says you owe? Or ...? If a judge didn't say you owe money then you don't owe. Period. Any attempt to collect from you probably violates the FDCPA (google it) and may even count as fraud.
IF you are waiting for this to go to court here is how it would go down.
He says: You lived there long enough to be a resident therefore you are liable for rent.
You say: I didn't sign the lease and if landlord wanted me to be liable he should have either evicted me or had me sign. I'm not liable.
Give us more details if you need a better answer.
Vote for me for best answer. |
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open4one
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Technicality here, the landlord would be the Plaintiff, and would probably have put you on his Complaint, and asked for past due rent, but only the Judge can name someone in the Judgement.
Since you are not a signatory to the lease, the only way you could possibly get a money judgement against you is either a) you fail to show up and point out that you aren't a party to the lease, or b) if there is specific damage to the unit attribitable to you specifically.
Chances are that you are named as an "occupant", and the "judgement" he wants against you is possession of the premises.
Answer the complaint, but you probably need to start packing. |
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