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I'm not sure if in in the right place here but i'm having a…

Customer Question
I'm not sure if...

I'm not sure if in in the right place here but i'm having a problem with my roommates and apartment complex and want to pursue

Lawyer's Assistant: Where is the property located?

Arapaho county arapaho

Lawyer's Assistant: Has any paperwork been filed?

With the county?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, my problem is that i came home to my roomates gone, all their stuf moved out, leaving many damages to the apartment. there are multiple and my apartment complex allowed my roommates to sign the paper for them willingly signing the lease allowing them to think they were relinquished from this lease and to move their stuff

Submitted: 10 months ago.Category: Real Estate Law
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11/16/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,758
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thanks so much for your patience. What specific questions did you have for me? I want to make sure I can answer your questions fully.

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Customer reply replied 10 months ago
my issue is I moved into my apartment in June live there for a couple months and ended up getting Roommates, which didn’t end up well I come home one day and all their stuff is moved out still on the lease but the apartment complex allow them to sign the paper relinquishing them from the apartment without me being present which gave them like the idea that they can move all their stuff out and haven’t paid any bills but there still on the lease and there are also multiple multiple damages to the apartment
Customer reply replied 10 months ago
I want to know what my options are to do my issue is as well with them moving out without me having any notice I have no idea where they’re at or how to serve them with any papers
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Hello, I'm on the phone right now; however, I will address your issue ASAP.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience in this situation. Let me ask a few questions

1. Did you have an oral or written agreement that they would pay for a portion of the rent?

2. Did you have an oral or written agreement that they would pay for damages?

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Customer reply replied 10 months ago
Oral for both
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

So, you'll be on the hook for the amount owed to the landlord since tenants are jointly and severally liable. However, even if you have a written or oral agreement with someone and they fail to abide by it, then it's a breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach which would include all of the money taken out for cleaning and repairs to the apartment, in addition to any rent that you had to pay to cover their portion. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have?

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Customer reply replied 10 months ago
Doing the lawsuit is what i want to do, and sue for all damages they caused and for remainder of rent, also lawyer fees and stress and danger this has caused me. I guess I want to know if I have a case? Also my only bump so far on the lawsuit is that since they were already gone when I got home I have no idea where they moved to, how to serve them... Not sure what to do
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

I can understand. You can sue for your damages, just make sure to keep receipts so you could potentially prove the damages you suffeered in courts. It may be difficult to find them, but sometimes an experienced process server or private investigator can help. If you go to www.thumbtack.com, you may be able to find someone who can help you find people who are trying to dodge lawsuits, which is a pretty common thing.

What other questions did you have for me today?

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Customer reply replied 10 months ago
your saying i can only sue for damages? From my understanding I could also sue for remainder of the rent (breaching the contract). Also this has put me in a place where i feel unsafe in my home due to the fact there still on the lease and have a key and access to the apt at all times, I'm also in a place where I cant support this place on my own so i could loose my place here soon..
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Yes, you can only sue for damages, but that's the case in every civil action. In a breach of contract action, you can sue for your actual damages ($ paid out that you didn't have to) and consequential damages (damages that are reasonably foreseeable in light of the breach which could be just about anything so long as it's reasonable). Courts do not normally look to pain and suffering in breach of contract issues and they won't issue punitive (punishment) damages in contract issues either. I can understand certainly if you don't feel safe, so you may want to contact the landlord and ask if they would just be willing to change the locks and I know that at places like Target and Walmart, for like $60-$100, you can get security cameras that stream right to your phone. Did you have any other questions for me?

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