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Rent
Electricity
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Kara H | Non lease eviction? |
My friend is being evicted. She has been issued a summons to go to court, but they have also issued her Fiance a summons saying that he owes her back rent also. He lives with her most of the time, but he is not on her lease. Can they do this? |
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Craig T
 |
Well, one way or another the fiance WILL be evicted. If he brings up the defense that he isn't on the lease in court under oath. Thank you very much, you have just confessed to the crime of trespassing, theft of services and probably some other offenses. If the fiance isn't on the lease, then HE HAS NO LEGAL RIGHT TO LIVE THERE
So he is either the sub-lessor and owes her rent and thus the landlord rent OR he is a trespasser and the landlord sues him for civil damages for theft. Pick your poison |
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NeighborLady
 |
Your friend is being evicted in her name and "et al" - latin for "and others" . The fiance got a summons because he is the "and other". Doing it this way, the LL doesn't have to file a separate eviction action against him as a squatter or for whatever reason he may come up with as a claim to retain the rental in her stead. |
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John B
 |
He was not on the lease therefore he not the person to be sued. She would have to sue him in small claims court................... |
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CW L
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KERA, THE SUB-TENANT BECAME A TENANT WHEN HE STAYED MORE THAN 14 DAYS,
you are on a mo-to-mo tenancy and will be evicted at the same time the ST is if the court papers state his name on them...if not, he can stay and the sheriff cannot remove him until he's drawn into court.
You are both equally responsible for the rents, if the LL doesn't get the money from you , they'll get it from him or at least a judgment. |
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TFB
|
in a lease it says that you have to give information of the people who will be occupying the space. if he lives there it is a violation of lease, however unless you live in a rent controlled apartment he cant be ordered to pay any money. but if it is then his income would be counted and he would be charged the difference |
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heather g
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Actually no they cant do that legally. I would call around andg
get advice from an attorney but no the person on the lease is
the one responsible for paying it. They could take the fiance to small claims court tho,,you cant just move in somewhere and knowingly live there free. Either way,,you both could owe money. sorry. |
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Spock (rhp)
|
summons means you show up in court or a default judgment will be issued against you
fiance needs to argue in court that he isn't liable and therefore shouldn't have been summoned.
pls check local/state landlord tenants law -- google will find it for you.
:-) |
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Greasy Tony
 |
Not if he's not on the lease. If he's not on the lease, then how did they get his information?
But technically he can't be living there without being on the lease either. |
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ticketoride04
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all their going to do is eat up your deposit in court costs |
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Landlord
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The boyfriend has to be names if he is over 18 and living there. He owes rent by default, you can't just move into someones property and expect to live there rent free.
Can they do this? They already did. He needs to show up even if he wants to claim he has the right to freeload off of the property owner. |
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