How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask barristerinky Your Own Question
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36984
Experience:  Attorney over 16 years, landlord 26 years
19958803
Type Your Landlord-Tenant Question Here...
barristerinky is online now
A new question is answered every 9 seconds

We co signed on an apartment son and s girlfriend. she moved

Customer Question

we co signed on an apartment for our son and his girlfriend. she moved back to south dakota a month after she moved in. my son could not afford the apartment on his own so he broke the lease. we have to pay over 4650.00 to the property before our lease is up in july 2016 or the apartment complex will not renew our lease. we need a lawyer that will go after the ex girlfriend for her portion of the balance due.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

Can you tell me what state this is in?

.

Do you know if the landlord has re-rented the property after they moved out and breached the lease?

.

If so, do you know how long it took them to do so?

.

What is the breakdown of the $4650 they are demanding?

.

.

thanks

Barrister

Customer: replied 1 year ago.
the state of oklahoma. we do not know if the property has been rented. the amount is 3 months of payments plus damages. rent is 764 a month.
Expert:  barristerinky replied 1 year ago.

Ok, if they are only demanding 3 month's rent, then that may be how long it took them to re-rent the property after the breach. They have a duty to try and re-rent as soon as possible after a breach..

.

But that works out to $2,292. Are you saying that they did $2,358 in damages to the dwelling?

.

If so, who actually caused the damages or it is unknown?

.

.

thanks

Barrister

Customer: replied 1 year ago.
one of my sons caused the damages but it was not that extensive. two doors damaged. and two holes in the walls the size of a fist both of them.
Expert:  barristerinky replied 1 year ago.

Ok, then the girlfriend could only be sued for half the actual rent that she agreed to pay when they moved in. But to hire an attorney to pursue this would cost a few thousand, much more than the claim is even worth. And this isn't the kind of case an attorney is going to take on a contingency fee basis.

.

So this is the type of case that is best suited for small claims court and you could sue her for half the rent due since you agreed to be a cosigner presumably with the understanding that she and son would pay the rent and not break the lease.

.

However, if you are in OK, traveling to South Dakota to sue her in small claims court for $1,146 might not be financially practical. If you were planning a trip to SD sometime in the next 3 years then you could file the suit while you were there though..

.

.

thanks

Barrister

Customer: replied 1 year ago.
thank you.
Expert:  barristerinky replied 1 year ago.

You are very welcome. Glad to help any time..

.

.

thanks

Barrister

Related Landlord-Tenant Questions