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  1. #1
    Join Date
    Mar 2012

    Default Occupant Evicted From Apartment After Master Tenant Ended Tenancy Early

    My question involves an eviction in the state of: Arizona. I was subleasing for 7 months when suddenly I'm locked out. My roommate lost his job and didn't want the apartment anymore. He apparently relinquished the lease. So I let the complex know what was going on and they didn't care. My next step was Service by Mail to the apartment to let him know the lockout was illegal and I wanted my things. The apartment complex then contacted me and offered the apartment to me if I signed a lease. So I signed one on the 9th, paid the application fee and they ran my credit. I called them and let them know I was in the hospital (emergency surgery) on the 10th. They called back and left a message saying we know you're in the hospital but need more information. Between then and the 20th I was in the hospital. The day I was released I went back to the apartment to finally access my things, went inside and 1 hour later was evicted by the constable! I called the office in SHOCK! They hung up on me. The paperwork had my roommate's name crossed out and mine written next to it. At which point the constable said it seemed incredibly strange and he'd never seen anything like it. So long story short the complex management had taken my roommate to court for "holdover damages and fees" because my things remained in the locked apartment. Yep, the very possessions I'd been trying to get. The new lease was a ruse to obtain my info and hold me responsible for those perceived "damages ". My questions are: How can they sue me if i was never even on the original lease? Can they just cross his name out and write mine in? Can they run my credit and cash my check with no intention of letting me live there? Can they leave me a voicemail which I still have THE DAY OF COURT saying they know I'm in the hospital, asking for more info to complete my application? It was denied by the way....because I had an eviction FROM THEM on my credit. Help!

  2. #2
    Join Date
    Feb 2010
    CT & IL

    Default Re: Even the Constable Who Served Me Said He's Never Seen Anything Like It

    i dont think they can sue you for the time period you were not on the lease. But you did sign a lease. This is something for a judge to sort out. You can file a motion for partial summary judgment regarding activities before you signing the lease. If they never accepted the lease then a motion for dismissal may be in order too.

    I'm sure there are details unbeknownst to take my advice with that in mind.

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Occupant Evicted From Apartment After Master Tenant Ended Tenancy Early

    You need to look in the court file to determine exactly what happened. If they prepared an eviction lawsuit in the master tenant's name, then changed it to yours on all paperwork, then the eviction action occurred with you as a defendant. If they evicted the master tenant and then got the court to approve an order evicting you as an occupant, that's also possible. If they obtained a writ against the master tenant and then, on their own initiative, crossed out his name and added yours after the court signed and entered the order, that's improper.

    If you applied to be a tenant, they can check your credit. Your mere application doesn't guarantee that you'll pass a background or credit check. If you were denied because of a prior eviction, that's entirely proper. You've given us no information to suggest that the person you were dealing with had any knowledge of your prior eviction prior to completing the background check, or that they consider a prior eviction to always be disqualifying.

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