DID NOT SIGN THE LEASE! Being sued

[Carm382]

Here's the low down:

I'm a 24-year-old college student who lives in SC and was moving to TN to go to school. 2 friends (who are twin sisters) lived there already and offered for us all to get a house together. I still lived in SC at the time the lease was signed so my NAME is on the lease, but my signature was NOT.

3 months later, I found out I couldn't go to school in TN because my student loans were only valid in SC and ran out in 2012, so I had to move back. I gave notice, as well as paid for 2 months in advance, when I left.

The girls decide that was not fair and said I should pay the remainder of the lease because that was the deal. They have hired an attourney now who tells them they will definately win this case. They say they have "proof I lived there" (which is true, but irrelevant since I paid my part while I was there) and she says she has "printed out text messages" saying that I agreed to pay the remainder of the lease (which is completely false - and those messages could have been altered once printed).

There were no witnesses to the "verbal agreement" that I supposedly gave (other than the twin sisters) so my question is what legal grounds do they have to sue me upon?

 

[Gail_in_Georgia]

They have a pretty good case since your name was listed as a tenant on the lease.

On the other hand, they are under an obligation to find another roommate to take your place. They can't sit back and simply assume you'll be paying until the lease would normally end. As a very general rule, the court would give them a couple of months to find someone to take over your portion of the lease. This would coincide with the two months advance rent you paid.

Gail

 

[Carm382]

Okay...?

Thank you very much for the rapid response! Theoretically, however, how would my name that is not a signature nor in my handwriting be legal? Doesn't that mean that she could have written "Brad Pitt" on the lease and then try to get money out of him?

I guess I just don't see how that can make sense if, yes, I was listed as a tenant, but her name was solely on the lease of this house. I own my home and my name is on the mortgage, so I am held accountable, no matter what tenants I have moving in and out. If someone moves out, I have to find someone to either move in (like I said they should have, but they told me that "wasn't an option") or pay it myself.

 

[Gail_in_Georgia]

Even in the absence of a written lease, a tenant has responsibility for rent.

If you are sued and this goes to court, the evidence that will be presented will include the lease that states your name as a tenant.

Try to keep tabs on when they do find another roommate to take your place. Once one is found, your financial obligation ends and they cannot "double dip" (i.e., expect rent from both you and the new roommate).

Gail

 

[Carm382]

Do you happen to know where I would be able to read a written law that says that? I know they won't find another roommate, so this means I will be held responsible for the 6 months I didn't live there simply due to my name being on the lease, is that correct?

Another thing, they apparently hired a collections agency that sent me some kind of certified letter, that I haven't recieved. If I'm not mistaken, the way a collections agency works is by "buying the debt" from the creditor or whom ever is owed money. How, if there is no written bill, can this even occur?

If you don't mind me asking, how do you know about all this? Just curious because I've just heard so many opinions and just would like to know where the sources come from. Thanks again.

 

[Gail_in_Georgia]

Attached is a source to the landlord/tenant laws of Tennessee:

http://www.federalrealestate.net/laws/tn.html

You also need to go back and read what I have written previously. A landord (or in this case, your roommates) has/have an obligation to make an honest effort to find a tenant to take your place. They cannot simply sit back and expect you to pay the remaining months on the rent.

IF this should go to court they would need to show that they have made such an effort to find a substitute for you. You, on the other hand, need to present the documentation that you gave adequate notice beforehand and that you also provided them with two months rent to cover the time they were looking for a replacement for you.

Again, in many cases, it is assumed that two months is adequate time to find a new tenant. This is why many landlord management companies allow a tenant to "buy out" of their lease with two months rent (and perhaps the loss of their security deposit). This saves management from the time and expense of having to file a lawsuit and go to court over the matter.

You can, of course, argue in court that because you did not sign the lease you are under no financial obligation to pay any rent. However, if you use this stance, the fact that you did pay them two months rent goes directly against this argument.

Gail

 

[jharris352]

I disagree with you Gail. I think at worst he is a tenant at will and will owe them 60 days rent. If I read it correctly he paid two months. I don't think they are going to get an "attourney" at all for such a small matter. An Attorney would charge far too much to make it worth their while. As a friend of mine, who is an attorney here, told me the other day: Don't worry about those who threaten to sue. Start worrying when the sheriff shows up with a Summons. I think your twin roommates are full of hot air and not going to sue at all. If you are gone, they are going to have a hard time even serving you.