Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

I would like to speak...
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
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 minute by:
10/18/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 18,160
Experience: General practice attorney
Verified

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

Ask Your Own Landlord-Tenant Question
Customer reply replied 8 months 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 8 months ago
I put in a different CC, maybe that works

Were you contacted by the site to fix the issue?

Ask Your Own Landlord-Tenant Question

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

Ask Your Own Landlord-Tenant Question
Customer reply replied 8 months 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 8 months ago
Are you allowed to give your personal number so we can talk?
Customer reply replied 8 months 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 8 months 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 8 months ago
Hi, can you call me at(###) ###-####or(###) ###-####
Customer reply replied 8 months 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?

Ask Your Own Landlord-Tenant Question
Customer reply replied 8 months 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 8 months 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.

Ask Your Own Landlord-Tenant Question

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.

Thank you, ***** ***** luck to you!

Ask Your Own Landlord-Tenant Question

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.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 18,160
Experience: General practice attorney
Verified
ScottyMacEsq and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 18,160
18,160 Satisfied Customers
Experience: General practice attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
A friend who is an attorney, helped me in a lawsuit with my
A friend who is an attorney, helped me in a lawsuit with my landlord who was allowing another tenant to harass me. I had no money to hire anyone, and my friend offered. The problem with the landlord s… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,827 satisfied customers
My niece and I are renting an apt and my friends needs a
My niece and I are renting an apt and my friends needs a place to live they denied him because of his credit and mine was just as bad my niece and I have lived here 6 months and paid a high deposit wh… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,411 satisfied customers
California sacramento. 2 parts: 1. Currently being evicted
1. Currently being evicted from my current apt for not paying in a timely manor... I never got a 3 day notice... I completed the necessary paperwork/ response to the courts in the alotted time...… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,018 satisfied customers
Our building was sold a year ago come to the church today
Our building was sold a year ago come to the church today thr locks was change with out notice … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I was seekinging to rent a home via Zillow. I called the
I was seekinging to rent a home via Zillow. I called the owner o a property located at 3372 Market Walk, in Clarkston, GA. She then directed me to fill out the application via Zillow. I filled out the… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My landlord wants to come and replace the old smoke
My landlord wants to come and replace the old smoke detectors tomorrow. I don't want him in my home. He has already stated that he is filing for eviction… read more
Jessica B
Jessica B
Juris Doctor
1,246 satisfied customers
My subtenant moved out, still has my key and has left behind
My subtenant moved out , still has my key and has left behind items she has hoarded for 2 years. How do I get these items out? She has not responded to reason and has not come to meet me face to face.… read more
socallegalwork
socallegalwork
93 satisfied customers
My Sister lives in an apartment and has harden handicap
My Sister lives in an apartment and has harden handicap license plates on her car. The association manager tell her that even with her tags, she can only park in an assigned parking space. I thought t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I live in Ca. My sister moved in after her boyfriend threw
I live in Ca. My sister moved in after her boyfriend threw her out. She came crying to us and needed a place to stay. She ended up on the lease because the landlord wanted that way. She has become a real pain in the ass. How can I get her out of here? I think our lease is about to renew. Can I tell her I don't want her to sign the lease for another year and give her 30 days notice? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,154 satisfied customers
I'm in. I have a few simple questions for attorneys who know
I'm in Virginia. I have a few simple questions for attorneys who know Virginia law and practicing with landlord and tenants security deposit issues. Tenants demanding to provide all receipts that work… read more
Michael Bradley
Michael Bradley
JD
1,421 satisfied customers
Signed a ri lease requiring 1 month security deposit as well
Signed a ri lease requiring 1 month security deposit as well as 1st & last month rent which is illegal in RI. They can only hold 1 month in escrow. Will that be enforceable? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I live in an apartment with a roommate. We both signed the
I live in an apartment with a roommate. We both signed the lease together in June of 2016, we just hit our 2 years. The original lease was for a year, and then we go month to month after that unless w… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
938 satisfied customers
My daughter is renting in Missouri and she is never been
My daughter is renting in Missouri and she is never been late on her rent and her landlord has decided he wants his family member to live in that apartment so hes kicking her out and she can't find a … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,018 satisfied customers
Its kinda like a landlord tenant situation but I live with a
Its kinda like a landlord tenant situation but I live with a friend of mine and ex partner 9 yrs ago. She.says she going to through me out if my son comes to see me while she is on vacation. Those 2 h… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I entered into a lease agreement that was found to be in
I entered into a lease agreement that was found to be in violation of the local land use ordinance in the town of Orono, ME. The landlord pled guilty to the violation and paid a fine. I never moved in… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,018 satisfied customers
I am a tenant in a home that was foreclosed because the
I am a tenant in a home that was foreclosed because the landlord did not pay the mortgage. It was sold on the courthouse steps and new owner wants me out. what are my rights? … read more
Jessica B
Jessica B
Juris Doctor
1,246 satisfied customers
We live in a privately owned, rent-controlled apartment in
We live in a privately owned, rent-controlled apartment in Santa Monica, California. Our lease says that we cannot bring or keep any pet in our apartment, with the exception of our emotional support d… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,371 satisfied customers
I have pealing paint in my apartment due to water damage
I have pealing paint in my apartment due to water damage from the plumbing leaking from the upper unit. Does my landlord have to repait the walls? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x