Legal question. Lawyers, PLEASE help.

MAC'n89Blckstng

Active Member
Jun 11, 2003
1,012
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NJ
So I've been in this money dispute with my landlord from school for the past four months. I was planning on only being in the apartment I signed a lease for for only one semester. I told them at the signing (the lease was for two semesters and for four tenants) that I would not be returning for the spring semester as I would be graduating in December and I had someone lined up to take over my lease. They told me to not worry about signing a one semester lease and that the new tenant would take over my part of the least when the spring semester came along.


So, come two weeks before the spring semester, I talked to the kid who was supposed to be taking my spot and he tells me that he is not going back to school and screws me out of the rent payment of 2500 bucks. Again, my landlord never gave me an option to sign a one semester contract because I "didn't have to worry about it"

At this point I felt that it was fair for me to put up a fight and refuse to pay. I do realize that my signature is on the contract stating that I have to pay for two semesters. My landlord told me that if I found someone to live in the apartment that I wouldn't have to pay the rent.

Also, there are three other people (my roomates) who have already paid the rent, one of which (Jeff) also left and knew he was leaving and didn't have someone to fill the rent so he just paid the rent but is not living there.

So a few months go by and I find out that a kid (Ron) got evicted from another house because a few of his roomates didn't pay their rent. He DID pay rent on that apartment though. So he goes to my landlord and he gets put in my old apartment, thus filling the house with four people in it and on the lease.

From my perspective, that means my side of the lease was fulfilled and I no longer had to pay rent.

On Friday I got a letter reasoning for a monthly rent payment of fifty dollars a month until 1/15/10 to pay my part of the lease off. They also split the payment to 1,250.

I talked to my landlord today and asked her how many people are on the lease and she told me only three. I told her that I was aware of Ron moving in and she then tells me that I still have to pay because Ron transferred from the other location because it is under construction and his rent payment doesn't go towards the apartment that I lived in and he is now living in.

Correct me if I'm wrong but if I pay the rent on the apartment that means Ron is living there for free and technically five people are on a four person lease? Why doesn't Ron fulfill my part of the lease? I'm extremely stressed about this because what I "owe" them is a big sum of money. I'm a kid right out of college and can't afford that to well. Any advice or knowledge is greatly appreciated. I just want this ordeal to be over with.

Thanks,
Jesse
 
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I'm not a lawyer, and I do NOT play one on TV, so my opinion is probably worthless...heck, I'm just a simple caveman (but a big fan of Unfrozen Caveman Lawyer from SNL in the 90s).

How much money are you talking about? Souds like $600 ($50/month for 6 months). If so, I wouldn't pay it and make them take you to small claims court. No lawyers there, (so you are not at a disadvantage by not paying for a high dollar attorney) and they might just decide its not worth the hassle. I think you have a good chance of making your case with a judge or moderator.
 
When it comes to having any sort of contract, it's always best to get things in writing.

Don't sign a lease agreement for a period of time in which you do not intend on living at the establishment. Unless you have documentation that it's fine to end the lease at such time based on such agreement between landlord and tenant.

Also, I'm overwhelmingly confused on why you would have to pay that amount if you are no longer living there, and the rent is being paid by the several other individuals that are living there?

This doesn't add up. Have you gone above the landlord to discuss the situation?
 
Don't pay it... Worst that can happen as stated above is you will go to claims court..

You can:

1- pay it and be out 1,200+ dollars

or

2- dont pay it, go to claims court (maybe) and either win (no money out your pocket) or lose (pay the 1,200 dollars anyways..

I would stick it out.
Good Luck,
-rS
 
When it comes to having any sort of contract, it's always best to get things in writing.

Don't sign a lease agreement for a period of time in which you do not intend on living at the establishment. Unless you have documentation that it's fine to end the lease at such time based on such agreement between landlord and tenant.

Also, I'm overwhelmingly confused on why you would have to pay that amount if you are no longer living there, and the rent is being paid by the several other individuals that are living there?

This doesn't add up. Have you gone above the landlord to discuss the situation?



Yea, I have definately learned that lesson. If I had known this was going to happen I never would have signed the contract. The kid told me all semester that he was taking my spot in the apartment after I graduated. I asked him several times throughout the fall semester if he was taking my spot and I got a promise every time that he was definately coming back and then he backed out two weeks before the spring semester started. Thats where things got fishy.

I've been going back and forth with my landlord about this situation since January. They keep lying to me saying that I never told them I wasn't coming back even though Jeff was right next to me when I told them I wasn't coming back. They are a bunch of crooks. Its ridiculous.

The contract is a Joint contract between four people at 2500 bucks a pop per semester. The others paid but Im still refusing to pay especially since there are technically four people living in the apartment now. This sucks. lol
 
Your chances in small claims court are better than even, especially since you can provide a witness. What can they do? It's not like they can evict you LOL.

Just keep a log of all of your discussions with them with dates and times and record your conversations if that's legal in your state. The fact that there are 4 people living in the apartment and they are still trying to charge you would smell fishy to any reasonable judge.
 
Though my situation was different, I have lost money to college-area landlords, and in my experience they take advantage of the fact that most of us are too poor while in school to fight back. There is no doubt about it, a LOT of rental property business' in a college community are nothing short of grand thieves, and will not hesitate to take money from already financially insecure students. Here at Purdue, there have been several issues like this that have actually reached press status, and it always makes me feel good to hear about students that fight back.

That being said, if you go to small claims court and LOSE, you pay not only the rent, but also the court fees. Make sure you have a strong case and good evidence.

Good luck, man.

P.S. Another thing that kills me is parking police and towing on campus. These people are leeches to society. Did that grueling experimental strength of materials lab run over time? Don't worry, that uneducated redneck just towed your ride from two-hour parking because it sat for 15 minutes too long. :Damnit:

Sorry, I know that was :OT: . :SNSign:
 
If there are now 4 in there and that was what the lease was for, the only thing the landlord can get you for is the time it took to get someone in to replace you.
 
i'm no lawyer so possibly disregard anything i say.

If she takes you to court i don't see why she wouldnt be seeking the FULL $2500. You said she offered to settle for $1250 but couldnt she just jack it back up to full price for court? that and court fees is something worth considering.

I slept through my legal class that was on contracts (including verbal contracts) but you "might" have something there because you did tell them you wouldn't be coming back and they said it was fine....but you did SIGN a contract....uggh :ack: this stuff can get messy sometimes.

Another thing that kills me is parking police and towing on campus.

I was towed from behind MY house that i had been at for 2 years. It was the same guy policing our lot for those 2 years. I had a "hang tag" that conveniently fell down or made its way into my center console. :mad:

$100+ to get it out the next day. Cash only. The ATM there had like a $7.50 fee.

I've watched them slimjim peoples cars and sit in them for about 5 minutes before they decided to tow it. They were talking or looking at the guy's CDs or something. If i would've come to my car while they were in it....they wouldve had my 18" breaker bar embedded in their dome.

one time i stopped by my GFs old place to run in and grab something. I was in/out in under 3 minutes. He already had my car in the air. Cost me $70 to get him to put it down. Yet when she gets blocked in and calls them they take over 20 minutes to respond!

crooks. I boo them when they drive by.
 
I say its a risk either way.the 1 main thing you have going against you is you signed a document.regardless of what was said,word of mouth doesnt hold up nearly as well as the document is going to.you can take your risk and not pay it and see what happens but if they take you to court your prob gunna rack up other fees plus lose work time.i think the reason for her bargaining is because she realizes someone is there now and she is just making you pay for the time he wasnt there.your 50/50.i think she has a better percentage of winning just because that document and you have to realize this prob isnt the first time for this person going to court for something like this so im sure they know right now if they are going to win the case or not because of prior experiences.