Okay, I was evicted back in May for not being able to pay the rent.
I had a co-signer.
My question is: could I go to jail or anything for this?
Is my co-signer going to be gone after by the former landlord?
I offered to pay him little by little, but he was like, its all or nothing.
Any lawyers out there?
I’m no lawyer, but as a businessman, I can tell you that your ex-landlord would much rather get 1/2 what’s owed than nothing. So, I think he’s bluffing. Tell him “Look, I’m sorry, but this is the best I can do. You can take these terms, or you can sue me. If you do sue me, you still won’t do better than the terms I’m offering, because I flat out don’t have the money.” I suspect if you be persistant and negotiate this out you’ll get what you want.
Now, the above is all assuming this is purely a business transaction. However… Is there anything you’re not telling? Like the wild party you threw where some guy got so drunk that he accidently barbequed the landlord’s prized poodle, then offered to sort it out and puked on the landlord’s wife? Does the landlord have reason to feel vindictive? That could change things. But if there’s none of that, and this is strictly a money thing, the odds are good the landlord will take whatever he can get.
he might go after the cosigner. It’s up to the landlord.
he might sue one or both of you. FWIW I’d sue both of you in small claims court if I had to do so in order to get all my money.
This is not a personal attack, just business.
Yes, the landlord will probably go after the co-signer to recover what you owe him plus xxx dollars for each month the apartment is empty from now til the end of the lease.
No, you can not go to jail for breach of a rental contract.
Any money you pay him is money he cannot collect from the co-signer.
No, no wild parties, and I had lived there 4 years; there was no lease by now.
How can he sue me if i have no income?
He may realize you only have part of the money but presumedly he figures he can get all of it from your co-signer (who will probably be sued with you). My suggestion is that you talk to the co-signer, ask them to pay the landlord and you pay back your co-signer as you are able. That way you’ll only be paying the rent and avoiding any legal expenses.
The good news is there’s no chance of you going to jail if this is just a rent default.
My question is if I am sued how can I pay if I don’t Have the money?
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First off their is NO jail for stuff like this. WAY back when in merry 'ol England they had a thing called debtors prison. It was one of the things our founding fathers did not like so jail is NOT a remedy for collecting on debts.
Second off anyone can sue anyone. It does not matter if you have no money. Frequently an attorney will tell a client that it may be foolish to sue someone with no money as just paying the attorney fee may be several thousand dollars so it’s not worth the trouble to collect less money. This is why corporations frequently settle bullshit claims. While they’ll probably win it’ll cost them $50,000 in attorney fees to fight it. They’re better off paying $30,000 and being done with the whole thing. Some attorney’s base their career on suits like this.
If you can’t pay the court can do things like garnish your wages and pay off the aggreived party over time (your employer is responsible for taking the money straight out of your paycheck…totally out of your hands). Actual money isn’t always necessary either. the court can seize any assets you have including things like a car, house, computer, etc. and seel them to pay the debt. The court can also add interest payments into the settlement as well as a punitive fee so a $1,000 debt can easily cost you $5,000 over time (triple damages are common in many courts…you owe $1,000 the court automatically makes it $3,000 for the trouble you caused). If the court thinks you CAN pay, tells you to do so and THEN you don’t pay anyway is when you can go to jail. Not for the debt owed but for Contempt-of-Court (not doing what the court tells you). Usually the court will warn you a few times that you will be thrown in jail for not paying before they actually do so.
As for the co-signor they can absolutely be sued. If you have no money then it is likely the landlord will go after them instead. The co-signor guarantees the debt of the main party if they cannot pay. Presumably the landlord agreed to this because the co-signor was somebody worth suing (that’s the whole point of the co-signor…the lender KNOWS there is a way to get their money back if you default). This is why you need to be VERY careful if you co-sing for someone else. They cruise and the debt is YOUR problem. You can turn around and sue the original person for the money back but chances are, given that you have to co-sign, you’re out that money.
Good luck…
Not so fast…Here in Wisconsin there is this new law (although I believe if it’s ever seriously challenged it will be found unconstitutional as violating freedom to contract)–
I have not heard of anyone actually being charged with this either, but it is on the books. The penalty for Class A misdemeanors is:
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So, I’d check the state laws first. Just in case.
Your landlord can garnish your wages, and your tax return, vanilla.
My grandmother is a landlord, and my god, the hell she has been through trying to get her rent money.
She used to take people to court all of the time for damages to the property and back-rent. Most of the time, the renters didn’t even show up for court. The judge would make a judgement against them, but we rarely were paid a dime, even then. To enforce the judgement, we would have had to take them back to court to garnish their wages, and most of the time, grandma would just sigh and let it go, rather than go through the hassle and expense.
Wait wait wait. I’m not a lawyer, but I watch them on TV.
Seriously, though, didn’t she say above that there is no lease? How can anything be enforced if there is no lease? I would assume that under the terms of the lease, she could be sued as could the co-signer. However, if there’s no lease, doesn’t this change everything?
Missy; there was a lease for the first year. after that, nothing was signed or mentioned about it.
I have absolutely no assets right now or income, and am far away in another state.
I plan on paying the landlord in small payments, no matter how long it takes.
Thanks for all the information.
First off, see your local tenants council, or whatever the tenants advisory group is called in your area. They won’t fix your problem, but they can give you a better idea where you stand than any of us can. Also, call your state’s attorney general’s office and get their pamphlets. If all else fails, get a lawyer.
I’m not a lawyer, but I’ve got a few questions:
What state, or country, are you in? This can make a difference (especially if you’re in Wisconsin, eh Gazoo!)
Also, what did the lease agreement say about how rent would be handled after the lease period was up? Here in Texas, the Texas Apartment Association’s standard contract (that blue one that everyone uses) basically says that once the lease is up you’re on a month to month (at the same rent and with the same terms), and the landlord has to give notice (30 days, I think) before raising the rent or ending the agreement.
Based on the wording of the lease, could the cosigner reasonably believe that they were no longer liable years after the lease agreement expired?
Is the landlord crediting the deposit to your account? Is he handling the deposit money as stated in the lease and as the law prescribes? For example, in Texas, landlords have 30 days to either give you your deposit or give you a list of damages that they used the deposit to repair. After that time, they are liable and can be sued for triple the deposit plus court costs (yes, I am personally familiar with this one.) In this case, if a landlord arbitrarily witheld the deposit because you couldn’t make rent, they would be breaking the law.
You might want to send notice (probably by certified mail) to the landlord that you can make payments of X amount per month or whatever. Then, if he refuses or refuses to answer, put that money in the bank and forget it. I may be wrong, but I get the impression that It sounds like you were a good tenant that just ran out of money. Being willing to repay the money should help if and when you go to small claims court.
Then again, I’m no lawyer. Good luck, to both you and your cosigner.
Well, the apt. was in Ohio, and I am in Utah currently.
I dont recall what the lease said.
Though for the first 3 years of living there, I paid the rent 2 weeks early each month.
I am going to make payments, at least it shows I am trying,though currently unemployed.
My co-signer has a good job, and I don’t want to see her hurt by getting garnished.
Highlighting done by Jeff…
I would say the ‘intentional’ part of that bill means the state is viewing it as theft which in way it can be so this might stand up.
If you have a lease, lose your job and simply can’t pay I doubt the above law could apply. The state would have to show that you intentionally didn’t pay thus making you a thief. I would imagine at least one test that would have to be passed for the above law to apply would be the ability to pay. If you have $20,000 sitting in a bank and don’t pay your $600 rent it wouldn’t look so good for you.
IANAL but my dad is and I think this is how it might work. Any legal eagles out there?
vanilla,
You might try looking at this page on landlord/tenant law for further information on laws in your (former) state.
Also, how many months worth of rent are you talking? Obviously, without a lease, you’re not reponsible for any rent after you moved out. How long did you stay without paying, and what did your landlord do with your security deposit?
I would think that if your landlord evicted you immediately, your security deposit would cover what you owe. If he waited a while before starting eviction proceedings, then that’s evidence that he wasn’t being serious about collecting. That, combined with your reasonable offer to pay on installment (you did do this in writing, I hope), makes it seem that you were responsible and he wasn’t. So why do you owe anything at all?
That being said, I’ll second cornflakes’ advice on seeing a lawyer. Often, some lawyers will give free advice; just check the yellow pages (I’ve done this before). I suppose you might have to have a phone conference, since you’d want to contact a lawyer in your previous state.
I moved out in mid-May and hadn’t paid Aprils or Mays rent.
He served me in early May with the notice, I went to the court and told them I’d be out May 21(which I was).
No I didn’t put it in writing that I’ll be paying him, but I should keep a record of my payments.
He may have added charges for the air conditioner, which was a bit man handled due to my sons curiousity.
I agree with you that the law seems to be more on the lookout of people “stealing” shelter so to speak. I think the key word in the statute is abscond though, not intentionally. I have no idea how you would unintentionally abscond. It seems like a very deliberate decision.
In any case, I still think there are serious constitutional issues involved when criminal punishment is brought into the world of contracts.
Forgot something. It seems pretty clear that Vanilla didn’t abscond. Vanilla was evicted, so this law wouldn’t come into affect. I just wanted to point out that there may be a laws in that state that should be reviewed.
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What happened to your security deposit? That should cover some or all of what you owe.
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You say he “may have added charges for the air conditioner (emphasis mine).” In Michigan, at least, the law is pretty strict about requiring landlords to tell you, in writing, by a certain time, of additional charges like that. Don’t pay for it if you don’t have to.
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I think the same restrictions on the landlord apply for anything he uses the security deposit for, including back rent. Again, check Ohio law.
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Finally, since you are also worried about going to jail and your co-signer being hung out to dry, you probably want to be careful about your dealing with your ex-landlord. I’d consider sending a registered letter detailing your proposed payment plan and telling him to contact you if it is not acceptable. That might cover you later, if he decides to add “interest” or something or threatens to garnishee your co-signer’s wages. However, I’d still look for a lawyer. Five minutes of professional advice on how to cover your ass is worth more than what I can suggest.