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  1. #1
    Join Date
    Oct 2006
    Posts
    9

    Default Being Sued For Not Terminating A Lease Properly

    Hello everyone, I want to give a big thanks for everyone who helped me on my last case, I am currently building up a case for it. I have a couple of questions. Here is the deal, I rented w/ my brother for a 1 year lease. We both signed the lease and I had my mother co/sign with me. After the 1 year lease was up I moved out, I didn't take my name off the lease becuase my brother was still living there and I think that they wouldn't let him rent if there was only 1 person on the lease.

    He lived there for another 3 months or so on a month to month lease. He went to the leasing office and told them he was moving out and they said OK here sign this paper and your lease is done. He signed it and they signed it also. This is where the trouble starts, I thought after he did this it was all done and over with no more obligation to pay the rent. We both started getting letters in the mail from them that we are overdue on rent. I though it was just because my brother might not of paid his rent for the months that he was living there on his month to month lease. I told him about it and he said ok I'll take care of it.

    Well its about 6 months down the road and I get someone at my door asking me to sign for some papers about a case against me. First mistake I shouldn't of signed for them, now I know. So the jist of it is that they are suing my brother and me for about $7,000 is past rent! They are saying that the person that signed our termination of lease papers never worked there and we never terminated the lease and are billing us for it. This is just frustrating how can they say an employee never worked there? We had paid all of our rent for all the months we were living and my brother paid for all the months he was living on a month to month lease. All they are suing us for is the rent after we terminated the lease. I have talked to my lawer about this and he that on the lease it says to submit to a certian address in writing 30 days before leaving.

    I didn't know much about renting this was the first time I rented from a big apartment complex, I have only rented from individuals before. Am I really screwed here my lawer thinks so. I wanted to get a second opinion here though $7,000 is a lot of money I can't pay for it now I have a serious illeness and am not working right now. I know I'm kind of screwed here cuase I didn't take my name off the lease when I moved out, if I had done that I would be in the clear, I thought that my brother was taking care of it all. Ahhhh I'm so mad right now. Also I live in Maryland if that helps. Any help would be apprecaited. if any one knows a good in Maryland that might be able to get me off send them my way.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,910

    Default Re: Being Sued for $7,000 for not terminating lease properly

    Who was the person who authorized the termination of the lease, why does the landlord claim that they are not an employee or agent, and why does your lawyer agree with the landlord?

  3. #3
    Join Date
    Oct 2006
    Posts
    9

    Default Re: Being Sued For Not Terminating A Lease Properly

    The person who terminated the lease was someone who worked at the leasing office. I didn't terminate the lease my brother did so I don't know all the specifics. Second question I don't know either my brother called the leasing office and they said that they had no record for the person ever working there. Would you think it would be worthwile to investigate if this person was indeed on payroll?

    My lawer said that in the lease agreement it stated that when terminating this lease a written letter should be sent to X address and to X person 30 days before leaving. My brother did not do this he did do it 30 days before leaving but he just went to the leasing office and signed some papers there. That is why my lawyer belives this he said that we should not go to trial and we should just contact the leasing office and ask them for a payment plan to pay the $7,000 back. Which I really don't want to do, cause it looks like they are either just trying to screw us becuase they can, or they made a mistake in paperwork and want to cover up for there losses because they may not have rented out the apartment after we left. Thanks for your help.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,910

    Default Re: Being Sued For Not Terminating A Lease Properly

    If you can prove that an agent of the landlord approved your notice, it shouldn't matter at all that you (or your brother) gave it in person. Except it sounds like your landlord is saying that your brother never actually gave notice, and that your lawyer believes the landlord.

    Take your questions to your lawyer, and have him address your concerns.

  5. #5
    Join Date
    Oct 2006
    Posts
    9

    Default Re: Being Sued For Not Terminating A Lease Properly

    so you are saying that we really could have a case if we can prove that the person actually worked there. Maybe my lawer does belive that we didn't terminate the lease. If he does then that would make sence why he really isn't investigating the validity of the retal employee and her signiture saying we terminated the lease.

    The only problem is that we can't supena the employee records for the company our case is only for $7,000 and I think it need to be over $10,000 for us to do so. So I don't know how to prove that the employee of the rental company actually worked there. Is there any other way, what kind of avenues do we have, would it be a good idea to supena her to court and have her testify?

    Sorry about all the questions, my brother has taken full responsibity for the money because I was not living with him when he terminated the lease I left about 3 months earlier. So I don't have a lawyer he is that one that does, I'm really just trying to help him out, I would hate to see him pay over $7,000 for not really doing anything wrong.

  6. #6
    Join Date
    Oct 2006
    Posts
    9

    Default Re: Being Sued For Not Terminating A Lease Properly

    thanks for the advice, my brother though has decided not to go to court and to just try and settle with the rental company, he will pay for whatever they decide on. So I am off the hook, thanks anyways.

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