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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Unhappy Two People on the Lease but Only One Evicted

    My landlord has evicted my fiancee for failure to pay rent. Both me and my fiancee are on the lease. They filed the eviction in November and he went to court and they gave an order of possession. He was supposed to be out in December but one of the landlord's "shareholder" (the landlord is a company based out of another state) and ourselves came to a payment agreement. two weeks ago the neighbors up stairs from us called our local code enforcement and the next day the shareholder shows up accusing us of calling. The following day i received a letter via mail from the shareholders attorney saying i had 10 days to quiet or pay the sum of 5500. On Thursday there was another order of possession for my fiancee attached to the door saying the eviction was to take place on Monday. Then Saturday there was a court paper attached to the door for me saying when my court date is and that the plaintiff is the shareholder not the landlord. On Monday my fiancee left so he wouldn't have to be forcefully removed from the property. When the constable showed up with the shareholder I had half of the amount the judgment is for to hand him but he said that my money isn't good enough. Now due to not having funds my fiancee is sleeping in our car because the posted a no trespassing sign on my front door. I actually have a few questions in reference to this... 1.) I am still legally a tenant and my lease states that i may have a guest in my home for 7 days of a calendar month but any more i must have the written permission of the landlord. Does that not mean i can have him in my apartment if it is no longer then 7 days? I talked to local police and they said it is a civil matter so they wont do anything.
    2.) Can the shareholder take me to court for 10 months rent when i have copies of the 4 months paid and there is a judgment for 3 months against my fiancee? Its a 12 Month lease and February will be the 5th month that we have not paid which if you subtract my fiancees judgment its only 2 months. The shareholder is NOT listed ANYWHERE on my lease only the company i rent from.
    **I live in Carbon county Pennsylvania and have tried looking for laws on this but cant find anything that helps.** If anyone can help i appreciate it.

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

    Default Re: Two People on the Lease but Only One Evicted

    If you haven't paid all rent due under the lease, you may be evicted for nonpayment of rent. If there is a balance of rent due when you're evicted, your landlord can seek to recover that balance. If the person who is trying to evict you is not your landlord and does not own the premises, raise that as a defense in court.

    It's hard to figure out from your post what you're trying to ask. Consider posting a clear question, omitttng all of the extraneous details.

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