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legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 8945
Experience:  Just Answer consultant at Self employed
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My daughter had an apartment in her name. she moved out

Customer Question

My daughter had an apartment in her name. she moved out landlord was aware her two roommates decided to keep the apartment. The Landlord was take taking payments from them. had their number as contact for the apartment. Now we find out that they have not paid the rent for about 6 month. Not once was my daughter contacted by the landlord he was communicating with the two roommate. They went to court with hi lawyer not my daughter because the landlord never went to court with his lawyer now they are trying to say that my daughter is responsible for the rent. But she was never contacted by the landlord until this month when the people were evicted. Is that inspersonating and fraud.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: new york
JA: Has anything been filed or reported?
Customer: not sure
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 5 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 5 months ago.

I am very sorry to hear this; was your daughter's name on the lease, or did the landlord sign a release when she moved out?

Customer: replied 5 months ago.
her name was still on the lease but he was not dealing with her when she moved out
Customer: replied 5 months ago.
her name was still on the lease but she had notified landlord that she had moved out
Expert:  legalgems replied 5 months ago.

Thank you for the clarification;

unfortunately, under a contract, a party remains liable until they receive a release from the other party agreeing that they are no longer obligated per the terms and conditions of the lease. Typically the lease will have a clause stating that the roommates are jointly and severally liable for the rent/damages. meaning the landlord may go after whichever roommate the landlord chooses in order to collect on rent/damages. The only way to avoid this if the landlord and the roommate's amend the lease, by signing a release, which basically absolves the roommate that is released from any future liability. If the landlord sues the vacating roommate for the other's rent/damages, the departing roommate can sue the other roommates for reimbursement -small claims is appropriate for cases under $3-5,000

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Expert:  legalgems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

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