Eviction, what to do?

[mrCide]

Looking for advice for friends who made some bad decisions.. please don't flame. Here's the story:

Friends (friend/gf) got an apt with another friend and his brother (4 people), 3 were on the lease. The brother and the extra friend both moved out leaving my friend and his gf with the rent. (the 3rd person got their name off the lease).

Now, they both lost their jobs for whatever reason, and couldn't afford the next months rent, so they asked if they could break the lease and were told something along the lines of paying one month extra in addition to the 'last month' to break the lease. This is in addition to the month they were there and couldn't afford to pay. Rent was $1100 a month, so we're looking at around $3300. They were evicted because of the month they couldn't pay.

They were afraid of being escorted out by sherrif so they packed up and moved back "home". They just assumed someone would contact them or the rent due would be put into their credit to be paid by a collection agency/whatever. They didn't followup in anyway or contact the landlord after eviction (it's a big association). They also didn't forward their mail.

They recently checked their mail there just to see (I told them all their mail is either there or thrown away so they decided to check). Sorting through it they found a notice that they now owe $10000 something. I'm assuming that they're being charged for the length of their lease.

Aside from contacting them and seeing what they have to say, what should they do? I was told that they can't be charged for the lease period since the landlord evicted them and broke the lease, but then heard they still can. Should they contact a lawyer before they do anything? If so, how would they do that since they have no money to pay for the lawyer?

Kinda looking to find out what they should do at this point, and what's going to happen.. any tips or info would be appreciated. This is in Florida.


Summary: Friends got evicted and owe quite a large amount, want to know what steps to take.

 

[vi edit]

I think it really varies by state. Which state were/are they in?

 

[mrCide]

editted.. it's in Florida

 

[vi edit]

start browsing

 

[PunDogg]

yeah looks as though they are in pretty deep, i would contact a lawyer just to be safe, cuz if u screw this up, u could damage alot of other thing down the line. But get a lawyer and maybe even go to a debit concildation firm they might be able to talk tothe land lord and lower the bill

Dogg

 

[lokiju]

have them contact a lawyer, to many laws to out there to learn.

 

[DrPizza]

I'd try the debt consolidation first.... Since they seem to be in trouble financially, it would save them the lawyers fees... Plus, a lot (most?) of the debt consolidation services are free, or at least they are non-profit.

 

[amnesiac]

If they just "left" and didn't sign any papers agreeing to early termination, they forfeit and owe the entire amount of the lease. You can't just "skip out" on a contract. Your friends are stupid and should pay up.

 

[AlienCraft]

First, they need to determine if the apt. has been rented out. If it's occupied, then the landlord's damages have been mitigated. If it's still empty (soft rental market, whatever) they may be on the hook. Seperately and collectively. They will try to collect from both of them, or whoever is on the contract.
Get an attorny from Legal Aid, a paralegal, a friend of the family, somewhere. They need to get this resolved, lest there be a mark on their credit, making it harder to rent in the future.
First mistake, Moving out without a written notice. They should've given a written "abandonment" letter to the rental office. stating their intention to pay that last months rent in a timely manner.
Get an attorney.
Good luck

 

[TravisT]

Well, i'm not sure what you can do. However, you mentioned 3 people were on the lease. If they get stuck with the bill then all 3 people should be responsible to pay for the bill as they all moved out within about a month of eachother, correct?

I don't know if you can terminate a lease early without some sort of fee, but I think you should be able to. They probably just need to communicate with the landlord of their apartment and i'm sure utility bills haven't been that high if they turned off basically everything before they left.

 

[mrCide]

Welp; 3rd person on the lease took their name off before eviction so it's just them. I'm not sure if they got anything in paper but it *was* agreed that they were gonna cancel the lease, the problem is that they couldn't afford the last month they lived there (nor the condition to break the lease), so they got evicted. I don't know what they have in paper or what. Hopefully something, I haven't gotten but an email and I won't talk to them until later. But I guess lawyer is the best step, atleast for a little advice.. appreciate your suggestions and any other responses..

 

[Thump553]

I would not go by any of the free legal advice you get in this thread-its basically laymen's guesses as to what the law should be and is almost certainly wrong. Why do people always feel so well qualified to advise on legal issues?

Your friends should immediately contact a lawyer in that state where the apartment is. Right now, do not delay and do not let a default judgment enter (it sounds like a suit may have been started). There are valid defenses to such a suit that may not be apparent to your friends.

Odds are their total liability will be a small fraction of what is claimed if they properly defend themselves NOW!

 

[BubblesLNJ]

Hi everyone!

Let's resummarize this whole story. A few of you haven't collected the whole story, and I don't really appreciate being branded as stupid.. so let me summarize it for you, from the horse's mouth, eh?

Four kids get together and get an apartment: Two girls, two boys. 2 girls and 1 boy puts names on lease. (2nd boy had horrible credit and didn't want his name on the lease - BIG MISTAKE #!) 1 girl moves out 3 months later, legally removes her name from the lease. Boy #1 moves out because he can at any time, ditches Boy 2 and Girl 2, leaving them with the bills. Rent is $1153/mo. Electric was $350, Water was $60, and Cable was $60. (Obviously) Boy2 and Girl2 can't afford the bills, so they visit the Leasing Office and sign an agreement stating that they are providing the company with 2 months notice on vacating the premises. Statement signed states they will be charged $1153 (one month's rent) for breaking the lease early, and the 2 months worth of rent ($2306). (Please note that this sheet does not give actual dollar amounts, but it is understood) Boy2 and Girl 2 then recieves 2 notices stating to pay $1268 or move out within 3 days. A few weeks later, Boy2 and Girl2 recieve papers stating they are being evicted for not paying the amount of $1268 and they are told by an employee of the office that their best bet is to leave before a Sherriff escorts them from the premises. They move out 8-19-03. All services are disconnected from the apartment on 8-21-03. Boy2 and Girl2 recieve 2 letters in the mail on 9-22-03.

First letter from lawyers is a "Default Judgement for Removal of Tenant". Which is complete nonsense.

Second letter states: "Please remit $10,084.27 as shown on your Final Billing & Settlement Statement, upon receipt of this notice. Blah blah, if <insert name of apartment company here> doesn't recieve payment or communication regarding this balance within 30 days, it is understood that the balance due is valid. Please do not contact the property named above, your account has been placed with our coporate office, and the property can no longer assist you with any questions or payments. Please be advised that Accelerated Rent may be included on your Billing and Settlement Statement. Note that the Accelerated Rental charge will be adjusted according to terms of your lease. You will be responsible for the Accelerated Rental amount from the day you move out, until the day a before new resident moves in. Sincerely, Some Dick at Corporate (Your Account Specialist)"

We are now seeking any type of advice. We both plan on checking around for legal advice from any type of lawyers or free services in the Southern Florida area. The unit is visibly not rented out at the moment. I have a friend of the family who is a lawyer in California and I will be talking with her as soon as I can get in touch with her. I was also thinking about writing a letter to the lawyers and the company with copies of all papers of breaking the lease, and the papers that said what we owe, and then asking for some type of cooperation with a payment plan... sending it Certified Mail, and then talking to a lawyer or two. Any suggestions?

 

[Codewiz]

Well it sounds like you signed an agreement to end the lease. You agreed to pay a certain amount the end the lease. The moment you broke that agreement then the company can come after you for the full amount as stated by the original lease.

You broke both agreements with the company. Not much else I can say.

 

[Ulfwald]

B.O.H.I.C.A.

 

[Nitemare]

Originally posted by: Ulfwald
B.O.H.I.C.A.

That about sums it up.

You entered a legal binding contract and you are liable for it. The only workaround is to reach a settlement with the apartment complex.

 

[digitalsm]

Originally posted by: BubblesLNJ
Hi everyone!

Let's resummarize this whole story. A few of you haven't collected the whole story, and I don't really appreciate being branded as stupid.. so let me summarize it for you, from the horse's mouth, eh?

Four kids get together and get an apartment: Two girls, two boys. 2 girls and 1 boy puts names on lease. (2nd boy had horrible credit and didn't want his name on the lease - BIG MISTAKE #!) 1 girl moves out 3 months later, legally removes her name from the lease. Boy #1 moves out because he can at any time, ditches Boy 2 and Girl 2, leaving them with the bills. Rent is $1153/mo. Electric was $350, Water was $60, and Cable was $60. (Obviously) Boy2 and Girl2 can't afford the bills, so they visit the Leasing Office and sign an agreement stating that they are providing the company with 2 months notice on vacating the premises. Statement signed states they will be charged $1153 (one month's rent) for breaking the lease early, and the 2 months worth of rent ($2306). (Please note that this sheet does not give actual dollar amounts, but it is understood) Boy2 and Girl 2 then recieves 2 notices stating to pay $1268 or move out within 3 days. A few weeks later, Boy2 and Girl2 recieve papers stating they are being evicted for not paying the amount of $1268 and they are told by an employee of the office that their best bet is to leave before a Sherriff escorts them from the premises. They move out 8-19-03. All services are disconnected from the apartment on 8-21-03. Boy2 and Girl2 recieve 2 letters in the mail on 9-22-03.

First letter from lawyers is a "Default Judgement for Removal of Tenant". Which is complete nonsense.

Second letter states: "Please remit $10,084.27 as shown on your Final Billing & Settlement Statement, upon receipt of this notice. Blah blah, if <insert name of apartment company here> doesn't recieve payment or communication regarding this balance within 30 days, it is understood that the balance due is valid. Please do not contact the property named above, your account has been placed with our coporate office, and the property can no longer assist you with any questions or payments. Please be advised that Accelerated Rent may be included on your Billing and Settlement Statement. Note that the Accelerated Rental charge will be adjusted according to terms of your lease. You will be responsible for the Accelerated Rental amount from the day you move out, until the day a before new resident moves in. Sincerely, Some Dick at Corporate (Your Account Specialist)"

We are now seeking any type of advice. We both plan on checking around for legal advice from any type of lawyers or free services in the Southern Florida area. The unit is visibly not rented out at the moment. I have a friend of the family who is a lawyer in California and I will be talking with her as soon as I can get in touch with her. I was also thinking about writing a letter to the lawyers and the company with copies of all papers of breaking the lease, and the papers that said what we owe, and then asking for some type of cooperation with a payment plan... sending it Certified Mail, and then talking to a lawyer or two. Any suggestions?

Id try to settle for the one month of past due/evicted rent, and the one month rent for breaking the lease. They will likely settle, $2500 or $3700, its better than zero, or what they would get if they got a collection agency to go after you.

 

[Kev]

Originally posted by: Nitemare

Originally posted by: Ulfwald
B.O.H.I.C.A.

That about sums it up.

You entered a legal binding contract and you are liable for it. The only workaround is to reach a settlement with the apartment complex.

they gave 2 months notice though, and signed a new agreement

what does BOHICA mean?

 

[Nitemare]

Originally posted by: Kev

Originally posted by: Nitemare

Originally posted by: Ulfwald
B.O.H.I.C.A.

That about sums it up.

You entered a legal binding contract and you are liable for it. The only workaround is to reach a settlement with the apartment complex.

they gave 2 months notice though, and signed a new agreement

what does BOHICA mean?

Bend Over Here It Comes Again

"Please note that this sheet does not give actual dollar amounts, but it is understood) Boy2 and Girl 2 then recieves 2 notices stating to pay $1268 or move out within 3 days. A few weeks later, Boy2 and Girl2 recieve papers stating they are being evicted for not paying the amount of $1268 "

 

[Double Trouble]

Originally posted by: BubblesLNJ
Hi everyone!

Let's resummarize this whole story. A few of you haven't collected the whole story, and I don't really appreciate being branded as stupid.. so let me summarize it for you, from the horse's mouth, eh?

Four kids get together and get an apartment: Two girls, two boys. 2 girls and 1 boy puts names on lease. (2nd boy had horrible credit and didn't want his name on the lease - BIG MISTAKE #!) 1 girl moves out 3 months later, legally removes her name from the lease. Boy #1 moves out because he can at any time, ditches Boy 2 and Girl 2, leaving them with the bills. Rent is $1153/mo. Electric was $350, Water was $60, and Cable was $60. (Obviously) Boy2 and Girl2 can't afford the bills, so they visit the Leasing Office and sign an agreement stating that they are providing the company with 2 months notice on vacating the premises. Statement signed states they will be charged $1153 (one month's rent) for breaking the lease early, and the 2 months worth of rent ($2306). (Please note that this sheet does not give actual dollar amounts, but it is understood) Boy2 and Girl 2 then recieves 2 notices stating to pay $1268 or move out within 3 days. A few weeks later, Boy2 and Girl2 recieve papers stating they are being evicted for not paying the amount of $1268 and they are told by an employee of the office that their best bet is to leave before a Sherriff escorts them from the premises. They move out 8-19-03. All services are disconnected from the apartment on 8-21-03. Boy2 and Girl2 recieve 2 letters in the mail on 9-22-03.

First letter from lawyers is a "Default Judgement for Removal of Tenant". Which is complete nonsense.

Second letter states: "Please remit $10,084.27 as shown on your Final Billing & Settlement Statement, upon receipt of this notice. Blah blah, if <insert name of apartment company here> doesn't recieve payment or communication regarding this balance within 30 days, it is understood that the balance due is valid. Please do not contact the property named above, your account has been placed with our coporate office, and the property can no longer assist you with any questions or payments. Please be advised that Accelerated Rent may be included on your Billing and Settlement Statement. Note that the Accelerated Rental charge will be adjusted according to terms of your lease. You will be responsible for the Accelerated Rental amount from the day you move out, until the day a before new resident moves in. Sincerely, Some Dick at Corporate (Your Account Specialist)"

We are now seeking any type of advice. We both plan on checking around for legal advice from any type of lawyers or free services in the Southern Florida area. The unit is visibly not rented out at the moment. I have a friend of the family who is a lawyer in California and I will be talking with her as soon as I can get in touch with her. I was also thinking about writing a letter to the lawyers and the company with copies of all papers of breaking the lease, and the papers that said what we owe, and then asking for some type of cooperation with a payment plan... sending it Certified Mail, and then talking to a lawyer or two. Any suggestions?

I'm not certain I understand the exact details, but lets look at a couple of things. You signed a statement that you were to vacate the property in two months, and the statement also states that you are to pay 2 months rent (plus current months' rent). Was this statement signed by the complex representative? Do you have a copy of it?

Now that you've received the notice that you owe xxxx amount, notice that it says if you do not contest the bill (in writing) within 30 days the balance is considered to be valid. Make sure you contest the amount in writing within that 30 day time frame. If you do not, you'll have very little recourse but to pay. Also, most likely no legal judgement has been entered against you, since you have not been notified of a suit filed against you. A lawyer cannot enter a judgement against you, a court can.

It all hinges on the agreement (or statement) you signed when you notified them that you were leaving. If they agreed to allow you to break the lease if you paid 2 extra month's rent, you probably don't have to pay any more. If you don't have that agreement, it's gonna be a lot tougher.

Also, if all else fails, you can contact the management company and try to negotiate a settlement. Basically, they realize that trying to come after you to get their money is expensive, and if you don't have any money to give them, they're not gonna get much of anything anyway. If you then say "I'm willing to pay you xx per month for xx months for a total of $xxxx", they'll be willing to listen. If not, then you pay them nothing and let them try and collect. Keep in mind of course that should you go that route it will ruin your credit for 7 years (until it drops off your credit record).

 

[BubblesLNJ]

Well let's see, I do have the statement, and it was signed by the lesing office representative. Also I got an opinion from someone else and they said that the first letter from the lawyers basically said we were to appear in court on 9-2-03, and since we didn't, they judged us as guilty or whatnot, and now we have to pay that $10k. I'll find out tomorrow, thanks for the adv.

 

Just make a settlement. I bet they would take 3 grand and let you pay it off in a year.