Daughters friend caused eviction

[zcaramel]

My sister's daughter was visiting her at her apartment. The daughter's boyfriend came to visit and had an altercation with the daughter when he was refused admittance into the apartment. He shot off a gun outside of the apartment. The police were called. Two days later my sister received an eviction notice. She was given a week to leave for which she did. She received a bill for $1300. Part of that bill was the first month's rent which was waived if she signed a year contract when she first moved in. They went back and billed her for it since she violated her lease. Is that legal? This is keeping her from getting a new apartment. She does not have money to pay this bill.

 

[NYClex]

Yikes, it is hard to say anything without knowing all the details of that incident, the lease terms etc.

She might want to consult an attorney, because it might well be that she has a case against that "boyfriend" if she really is evicted because of the gunshot.

 

[Michael Wechsler]

NYCLEX is right on although this is a difficult case. How is she unable to get another apartment elsewhere as a result of this?

I'm not sure that she is responsible for the damage caused by another person. I don't even know whether the landlord can evict her because the boyfriend came over with a gun -- the case would be against the boyfriend who caused the damages. You should take a look at the lease terms to make sure. Here is the good question -- did your daughter press charges against her boyfriend?

The landlord is looking for money and she should supply the boyfriend's information to the landlord, imho.

Originally posted by zcaramel
My sister's daughter was visiting her at her apartment. The daughter's boyfriend came to visit and had an altercation with the daughter when he was refused admittance into the apartment. He shot off a gun outside of the apartment. The police were called. Two days later my sister received an eviction notice. She was given a week to leave for which she did. She received a bill for $1300. Part of that bill was the first month's rent which was waived if she signed a year contract when she first moved in. They went back and billed her for it since she violated her lease. Is that legal? This is keeping her from getting a new apartment. She does not have money to pay this bill.