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kimmy3 | Ok let me refine my question...? |
A friend moved in to her apartment 4 years ago. Her mother co-signed on the lease, it is a yearly lease. Friend signed a new lease last year after going month to month so her rent would not go up. She wants to force eviction, and not pay rent for the next 2-3 months, however long it takes for her to get evicted. Since her mother DID NOT CO-SIGN ON THE CURRENT LEASE BECAUSE IT WAS NOT NEEDED, is her mother still responsible to pay if my friend defaults and gets evicted, will/can the apartments sue her mother for unpaid rent ?? This is basically a yes or no answer if you understand the question. |
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open4one
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First, no, the mother is not on the hook for anything. She agreed to the original lease, and it has expired. Her obligation is not revived by a new lease to someone she once agreed to back.
Second, your friend is making a huge mistake. Eviction is a remedy in a lawsuit, ordered by a court. It doesn't cost the landlord extra to ask for unpaid rent as damages, and it's not only possible they will get it, it is highly likely. It doesn't cost much to report it to a credit bureau, so it will follow her, and she can have her assets (furniture) seized and sold to pay it, and have her wages garnished.
Tell your friend that she doesn't want to do this. If she doesn't listen, get a new friend. People that deliberately do such self-damaging things like this tend to get their friends in the blast area when their lives blow up. |
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ogrendle
 |
Why would she want an evictiob to show on her record? No her mother's responsibility ended when the lease with her name on it expired. Check with a lawyer because they are going to go after the mother to try to get what they can. They'll hound her until something happens whether she is responsible or not. Having to evict someone only aggrevates the landlord. |
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hushnowjustplayit
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no |
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t S
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No.
If it is truely a new lease and not a continuation of the old one. Which depends on the terms of that first lease. If the old lease says something about the option to renew the lease...even after that month to month portion, which would normally be the break.
Key to all this is to READ the lease. What does the lease say?
Does Mom still have interest in security deposit? |
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jerry
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No...if she is not on the new lease agreement as a cosigner, then the apartment cannot pursue her. The new lease agreement supercedes the old one. |
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smartypants
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No. Mother is not responsible. |
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kippie2525
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That is just wrong. It would be like stealing. Why do you have friends that steal? |
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janice h
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The agent is correct and I know. I co-signed for my daughter and when she signed the second lease I did not. After losing her job she could not pay the rent and so was evicted they went after me. To the point of putting my name on the lease. They did not attempt to sign my name which is the only thing that kept them out of jail. I did not need a lawyer as when the papers came to my home I called their lawyer and told him what was going on. He looked and saw that I had not signed and immediately all action halted. He is the one who told me if they had forged my signature they would have ended up in jail.
To the young woman who is thinking about just not paying so she can be evicted: don't do it. It will be on your credit record for 7 years and will make it difficult for you to get another apartment. |
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Dr. O'Pinion
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The old lease is out dated and defunct unless the new lease indicates a continuance of the old lease. Read the fine print but technically if the old lease has a termination clause based on the close of the lease term indicating the lease as invalid and legally void then the mother is free. Be aware that the landlord can file a lawsuit anyway in which case you would need to present proper documentation and if possible have legal representation. It would most like be a better idea to talk to the landlord so as to give ample time to find another tenant or sublet the premises. |
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Danielle S
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no it wont harm her a bit |
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