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  1. #1
    Join Date
    Feb 2012
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    1

    Default Agreeing to Move Out and Keep Paying Rent to Avoid Eviction

    My question involves an eviction in the state of: Montana

    I cosigned a lease (along with two other parents) for our college ages sons who have had multiple lease violations. The rent has been paid on time most months, and is current. The property management company wants us to sign a Tenant Early Termination agreement that would terminate the lease, with the boys moving out at the end of the month, but it obligates us to continue paying rent, utilities, advertising costs, etc until they find replacement tenants or the lease ends in July. They say it is the "best out" for not affecting all of our credit and will keep an eviction off our records.

    According to*http://www.rentlaw.com/eviction/montanaeviction.htm, in Montana: if a landlord wishes to remove a tenant from a rental unit, the steps s/he can take are limited to terminating the rental agreement, asking the tenant to leave, and finally, taking the tenant to court to get an eviction order.

    I think they are pushing us to terminate the lease so that they don't have to. If they terminate and the boys move out as directed, is that seen as eviction, or is it only eviction if they went to court to seek an eviction order?

    If the landlord terminates the lease for cause, e.g. violation of lease condition(s), prior to an eviction, are the tenants responsible for making the remaining lease payments through the term of the lease?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Agreeing to Move Out and Keep Paying Rent to Avoid Eviction

    If they evict your sons and prevail, then your sons will have eviction judgments against them. If they seek money judgments against your sons and you, as cosigners responsible for the debt, and they prevail, they will get a money judgment against you and your sons.

    For the landlord to be suggesting this, it's reasonable to infer that your sons have been terrible tenants. But we don't know what happened, and thus have no way to comment on the grounds for eviction or any damages your sons caused.

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