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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Need Answers On Rental And Lease Documents.

Customer Question

Below is my question.
I moved to this apt as a paying guest in Feb, (did not sign any leasing docs/ agreements). I was in Newark Ave, Pavilion apt before that, The only reason I moved here as a paying guest is- I'm going to India and thought to take a new lease when I'm back. I'm on a H1B visa, I already planned for India on may 30th, I saw the notice last sat may 23rd..
My questions:
I have the paid my paying guest amount on cash and cheque (have photo copies for cheques) the notice is to pay 2k. (I can pay, but should I? and want to say I'm not the lease holder but why are the court summons in my name), any forgery.
I'm leaving to Ind on May 30th. I tried to call lease holder- no response from him reached apt reception, they say me to check in court on Jun 3rd.
Please advise, do I need to pay 2.5K and leave or fight my legal battle from india
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

Thank you

If you never signed a lease, are you sub letting it from the person who is on the lease? Who is sending you the notice to pay? And who are you paying cash/check?

Customer: replied 1 year ago.
Instead of joining dormitory, I joined in this apt as a paying guest, (I paid in full). The apt owners have sent the notice to me, the person who signed the lease, is no longer in contact with me or apt owner.
I never signed any lease, I have given my details and updated to owners as I'm joining as a paying guest. This apt owners cant catch this guy- who signed lease and absconding, but send court summons to me.
Customer: replied 1 year ago.
I saw this ad in Craigslist and joined as a paying guest, I don't know any other info about this lease holder and why he is absconding.
Expert:  Sam replied 1 year ago.

Hello

Thank you. IF you never signed a lease and gave proper notice that you would be leaving and not renting, then I suggest there is no legitimate claim against you. If you have a summons to appear in court, then I suggest you will need to write a Motion to Dismiss the claim because you gave notice that you were not going to be remaining in the apt. That would need to be filed with the court.

It is possible that they automatically renew a lease, unless proper notice is given.

Customer: replied 1 year ago.
Thank You Sam. As per your advise, I have filed a motion to dismiss and attached leasing copy stating that I'm not a lease holder anymore.
Expert:  Sam replied 1 year ago.
Hello, Great. You also need to attach and Order and that will simply say
ORDER
This Honorable Court hereby ORDERS the above-referenced matter to be Dismissed And then a signature line for the Judge to sign it.
So if you have not done that, I suggest you will need to get that to the clerk and tell them you inadvertently forgot it. Also you need to serve the Motion to Dismiss onto the other party. Have you done that?

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