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I would like to speak with Scotty or someone about my son

who refuses to leave the...
I would like to speak with Scotty or someone about my son who refuses to leave the apartment in Hollywood, CA.
Thanks!
Sharon
Hello,
Thank you for using JustAnswer.I'm sorry to hear about your situation. Cosigning situations are fine when everything works out well, but of course as an attorney I never hear about those situations. I only hear about the situations where things went wrong.Yes, you'd be responsible for these things. In the situation where someone overstays a lease, that's called a "holdover tenant". If your son stays on after the lease as a holdover tenant with a month to month lease, then the written lease terms still are applicable (including rental amount and all other terms except for the time period of the lease).A cosigner is someone who agrees to be financially liable for anything that the tenant would have been liable for in the terms of the lease. This of course includes rent, but also includes attorney fees, costs, damages done to the rental, etc... And like I said, I only hear about these situations when things go wrong and the cosigner wants to see if he/she can avoid some/all liability. It's very difficult to do so, and you'd essentially have to prove fraud or that it wasn't you in the first place that cosigned (that it was forged). So in short, the liability will still be pretty strict.Now as a consigner you have a claim against the person that you cosigned for, for any costs and expenses that you had to pay on their behalf. This is a claim of "reimbursement" and you could sue your son for that. But the point of having a cosigner is that the landlord can have multiple parties to go after should the tenant actually default.I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable
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Answered in 1 minute by:
10/18/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 17,276
Experience: General practice attorney
Verified

I'm here. I assume that the phone call request will come through shortly.

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Customer reply replied 1 month ago
Hello - I updated my CC information. Can you please call me at(###) ###-#### Thanks!Sharon

I tried to accept your phone call request, but there still was a payment failure. The site will attempt to reach you to fix this situation.

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Customer reply replied 1 month ago
I put in a different CC, maybe that works

Were you contacted by the site to fix the issue?

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I still don't know why payment is failing. Has the site contacted you to fix the issue?

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Customer reply replied 1 month ago
Hi if my son has no assets how can I sue him? Also, I am trying to think of a way to get him to leave the apartment so I won't have to pay. Can you think of or suggest a way for him to leave? Is there someone who can mediate a deal with him??
Customer reply replied 1 month ago
Are you allowed to give your personal number so we can talk?
Customer reply replied 1 month ago
Are you still there?

I am here. I can't give a personal phone number because all communication has to be through the site or fulfilled through the site.

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Customer reply replied 1 month ago
I just spoke with my cc company and authorized the payment of $59 for a phone call, can we talk? Only thing is I put in a new credit card
Customer reply replied 1 month ago
Hi, can you call me at(###) ###-####or(###) ###-####
Customer reply replied 1 month ago
Ok so how do you propose I get my son to leave the apartment??

The phone call has to go through the site through a funded phone call request (per the terms of service of this site). I can send this to customer service, or I can try to answer your typed questions here. Which do you prefer?

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Customer reply replied 1 month ago
Please answer my typed messages, if OK.

Okay. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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Customer reply replied 1 month ago
I want to know if there is a way to resolve this issue with my son staying on in the apartment. He refuses to leave the apartment unless I pay for a ticket for him to return to MD where I live. He says he will get a job and work, then move out of the house so he can live on his own. Meanwhile, he has lived in LA for 6 months and not earned a dime. He expects me to pay for everything, including rent, food, utilities, and now a plane ticket home. My take is that even if he gets a job, he won't sustain it. He has some mental health challenges that he refuses to acknowledge or get help with. I feel stuck between a rock and a hard place. Do you know of any ways to get him to leave the apartment? Is there such a thing as a mediator? Do I give him $1000 to leave? If I do that, he'll probably buy a plane ticket back to MD, and then I must deal with his issues on my turf. Please advise. Thanks! Sharon

As you're the cosigner, you have no "right" to force him out of the apartment. Unfortunately (as it pertains to the lease) you only have liabilities and no rights. You have a right of reimbursement from him for any economic damages (if any) that occur (such as unpaid rent, legal fees, damages to the leased premises, etc...). But you can't file something to have him evicted, as that's the sole right of the landlord to do. The landlord would need to send a "notice to quit" giving him the required amount of time to vacate. If he wouldn't, then it would be the landlord that would need to file an eviction action against him.

Now you can still send a "demand" letter. Send a demand letter demanding that he vacate within 30 days, otherwise you will pursue legal action against him for any damages incurred, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made such a demand.

You can also pay him to leave, yes. But that should be contingent upon independent verification by the landlord that he has vacated the premises, returned the keys, and no damage to the premises occurred. That way you can make sure that you're not going to be receiving a demand letter from the landlord demanding that you pay something else.

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Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

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I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 17,276
Experience: General practice attorney
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