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Good morning. I am sorry to hear about this. Are you on the actual lease with him?
Thank you for the reply. No, if there was an agreement whereby he would pay the rent and you would not have to pay him anything, he could not come back and try and get rent from you at this time. The issue which you may face, is that if you signed the lease, you are still liable to make sure the rent is paid. Even though you left, the rent needs to be paid BUT if there is domestic violence, it could be a basis to break the lease and vacate. If he is abusive and the police have been called and this was documented and you had to vacate, you need to speak with your landlord about this. The landlord would have a duty to mitigate damages, if you both vacated and would need to find a new tenant but if he remains and refuses to leave, the rent would need to be paid and if they sue, you would have to go after him and sue for the money.
You need to speak with the landlord about the DV. This needs to be used as a basis to break the lease and vacate, to get out of pay it. If you were to leave, you could just try and pay the rent if possible to avoid having the lawsuit and eviction on your record and sue him, civilly, to recover the money, since there was an agreement which he breached.
Can he sue? Yes. However, if he has no evidence, it may be hard for him to prove the agreement and prevail and you can defend this.
it would be at her discretion to release you and then proceed and evict him, if he fails to leave.
I completely understand. If she will not release you and the rent is not paid, the burden would shift to her to take action and sue. If she does, you could defend the action at that time. I know it is not ideal and you want this to be done but if he is there and refuses to pay, she could try and go after you, since you signed the lease and you would need to sue him, to recover.
Yes, that would be ideal, even though you are a victim. You need to do what is in your best interest, to protect yourself over the next few months.
I know it is. These situations and being a victim are very tough and it is sad that the landlord will not help, when they can. As I shared, if you fled and needed to because of the violence, this could be a defense that you raise, if she tries to sue you.
Your testimony would be evidence for the court to consider.
Yes, it could be a mitigating factor for her to consider. The goal is to convince her and allow her to release you.
You need to decide if you want to continue to pay and sue him or refuse to pay and force him to do so and allow her to evict.
Yes, that is possible but you need to hope he keeps paying the rent. If he does, it is not an issue, with the landlord, since she will still be getting her money. If he has a son and his dog, he will not want to be evicted either, since he will have no place to go, so he may be forced to pay it, which is ideal for you
Yes, it would not be a smart move. Not only his credit but he may not be able to rent, so would be homeless.
An eviction could prevent you from being able to rent down the road or rent from someone who does a check. If you are sued, it could effect your credit.
That would all depend on if the landlord did a check but if you have been there for a year and paid without issue, they likely would not check you out again, since there have been no issues.
Yes, likely, since it is part of your schooling and there have been no issues.
Yes, I do agree. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!