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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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I had a problem with one of my previous leasing. I was

Customer Question

I had a problem with one of my previous leasing. I was living over there with some relatives. Then we did not get along with each others, so i decided to move out. But when i was leaving, i had my name on the leasing contract. For the remainder of the contract, my relatives did not pay the rent. When i found out about it, i had a debt collector on my back. The debt collector make me pay more than $100 a month since a few months for something i did not do. The whole debt is $5400 and they want me to pay it through 5 years. Now i really get it and i see that this is not fair and i can't afford to pay that anymore. I am seeking for a legal advice or a way to get it solved?
Submitted: 29 days ago.
Category: Real Estate Law
Expert:  Barrister replied 29 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I hate to say it, but if you were the legal tenant, and you breached the lease by moving out early and not paying the rent, then the landlord can legally hold you responsible for the rent. If the relatives were not on the lease, then they aren't legally responsible for paying the rent.

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However, if you had an agreement with them that they would pay the rent, and they didn't, then you can sue them in court for anything that you are being forced to pay now.

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Your other option is to just file bankruptcy to discharge the debt. But for a debt that small, it might not be worth doing so unless you have other debts that you can also discharge in the BK case.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 29 days ago.
More details about my case. When i was signing the contract i did not have a social security number. I am an international student with F1 visa. I just used my passport and some other papers ( i20, i94...). Some friends told me i did not have to pay because i did not use any social security number. And if i have to sue my relatives, am i getting rid of that debt ? Also can you explore deeply the bankrupcy option for me. Also i am not working and i am receiving money from my parents. I have signed a contract with the military but i did not go to training yet but i do attend the monthly drill at my unit. I am giving you those informations in case it can help you come up with other option. I do really need to get rid of that debt. Thanks
Expert:  Barrister replied 29 days ago.

Some friends told me i did not have to pay because i did not use any social security number.

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That is incorrect. Having a SSN has nothing to do with a contractual obligation. But without a SSN, the creditor wouldn't be able to file anything on your credit report since you likely don't have one.

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And if i have to sue my relatives, am i getting rid of that debt ?

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No, you would be able to get the money from them to pay off the creditor.. So you would be getting rid of the debt indirectly by paying it off.

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You can file bankruptcy if you have more debts than assets and it will eliminate any legal obligation for you to pay the debts. But you would need to contact a local bankruptcy attorney to assist with filing for BK and find out what they would charge to do so. Costs to file are normally a few hundred dollars and then whatever the attorney charges.

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thanks

Barrister

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