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Roommate, lease and landlord problems
Arcathan
Registered User regular
Registered User regular
Hey guys, usually I'm only a PA forums reader, but a situation came up in life which calls for some extra advice. Here's what's gone on:
A few months ago, a friend, my cousin, and I moved into a new apartment together, signing a six-month lease. Everything was going swell until I got back from a trip up north. My friend and I went up to visit his parents, who live about six hours away. We went up together, and I came down alone eleven days later (This was two weeks ago). When I reached the apartment and walked into my room, lo and behold there was a dude doing a chick in my freaking room! If that wasn't bad enough, my cousin had moved all my shit and my friend's shit into the storage area, breaking quite a few things like my futon frame and mattress, my desk, and bending and ruining a bunch of drawing and paintings I had done for school. I finally find that bastard and ask him what the hell is going on. He says that he thought we weren't coming back, and so he let people move in to take our places.
Skip forward to yesterday - dealing with the stupid landlords and the lease. I go up to the property management place, and tell them what's going on. They say that's impossible, and that I should call the police. I then have to explain to them that I was told they let the new people sign the lease, therefore they can legally live there. They then pull the lease, and find out yes, they certainly did sign that lease.
So my question to all of you is: Is that lease null and void, and therefore I'm out of it, or what? I've been all over the web on legal sites, and can't find a damn thing about situations like this. Any help? (Also, I live in - or used to - live in Boise, Idaho, with a zip of 83709).
A few months ago, a friend, my cousin, and I moved into a new apartment together, signing a six-month lease. Everything was going swell until I got back from a trip up north. My friend and I went up to visit his parents, who live about six hours away. We went up together, and I came down alone eleven days later (This was two weeks ago). When I reached the apartment and walked into my room, lo and behold there was a dude doing a chick in my freaking room! If that wasn't bad enough, my cousin had moved all my shit and my friend's shit into the storage area, breaking quite a few things like my futon frame and mattress, my desk, and bending and ruining a bunch of drawing and paintings I had done for school. I finally find that bastard and ask him what the hell is going on. He says that he thought we weren't coming back, and so he let people move in to take our places.
Skip forward to yesterday - dealing with the stupid landlords and the lease. I go up to the property management place, and tell them what's going on. They say that's impossible, and that I should call the police. I then have to explain to them that I was told they let the new people sign the lease, therefore they can legally live there. They then pull the lease, and find out yes, they certainly did sign that lease.
So my question to all of you is: Is that lease null and void, and therefore I'm out of it, or what? I've been all over the web on legal sites, and can't find a damn thing about situations like this. Any help? (Also, I live in - or used to - live in Boise, Idaho, with a zip of 83709).
Arcathan on
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Call a lawyer. Ask your landlord to evict your cousin for breaking the lease or something. Make him move out.
Goddamn. What a fucker.
The first thing you need to do is call the tenant's association for where you are, and find out what the law is. You almost certainly have a good small claims case against your cousin, as does your friend. Assuming you were current on the rent, I cannot imagine what he did being legal. You may also have a case against the landlord.
Then, find out what the maximum you can sue for in small claims court in Idaho is. Then, you and your friend should talk to your cousin about how much he'd like to settle for. If he doesn't want to settle, sue his ass. Both you and your friend file separate suits. And if you do settle, make sure you get it in writing, notarized.
You may very well want to call a lawyer, too, depending on what the Tenant's Association says.
If the dude won't vacate, call around the yellow pages to four or five offices and see if you can get a free sit down to discuss the case.
As for them signing the lease, it sounds to me like you now have five people on the lease. Any chance of making that work?
If you held up your end of the lease you has then they can't void it without your permission. it's not a contract otherwise.
Also even if your lease was legally nullifed they can't simply rent the place to someone else or throw you out on the street. They have to give you proper notification and get a notice of eviction fromt he city to legally toss you out. That usually takes at least a month even if you weren't paying your rent. My suggestion is two things. MAKE ALL COMMUNICATIONS WITH YOUR COUSIN DOCUMENTED. Ceritifed signed letters with backup copies only. See if you can file an official complaint with the police dept. Won't really do anything but it'll be on the record. I'd look into getting a lawyer too.
Ask a lawyer and tell him the situation and ask what the law is.
I'd have hella kicked the cousins ass by now, so so hard, but don't do that because it fucks up any legal proceedings afterward. :P
Edit: Thanks for all the advice so far.
Again, we really need to know if you're on the lease. If you're not technically living there, then there's not a lot that can help you documentation-wise. Now paying the landlord money, especially with your check, that's a different story.
Wii Code: 1040-1320-0724-3613 :!!:
Call the cops. Have them arrested. Then sue them.
Then they are, as we say in the industry, fuxxored. Rape them with all tenticles of the law.
Wii Code: 1040-1320-0724-3613 :!!:
Not entirely true. Most states still entitle you to resident status if you're been living somewhere a couple of months and have documentation to prove it(bills going ot that address, drivers license at that address, etc). Even if he wasn't on the lease he's probably still entitled to a proper eviction notice before he's effectively thrown out.
Cops firs tthen lawyer. if you have a proper police report a lawyer will know the civil legal ground you have as well. One of the key clauses of any lease(assuming you're on it) is that you effectively own the space. If someone is in it and refuses to vacate you can have them arrested for trespassing. Hell if they don't have good reason to be there you can even have a landlord charged with trespassing for going in your place.
True, I just figured they hadn't been there very long since it was a six-month lease and disappearing for vacation would lead to a response of replacement. *shrugs*
Wii Code: 1040-1320-0724-3613 :!!:
Then update us, because despite all the horribleness of this for you, I think the police part is going to be highly entertaining for both yourself and the rest of us.
Also - be sure to mention the drugs. This promises your douchebag cousin and friends will at least sit for a bit in PMITA prison.
I'm dying to hear how this ends.
I'd think about finding another place to live after this is all over.
I thought you said you saw the lease and that you're on it?
Edit: Why is there no lease anymore?
Yeah what he said. You mean that it was edited for the new people? If he doesn't have the ORIGINAL document signed, then he's in a whole load of shit.
Wii Code: 1040-1320-0724-3613 :!!:
Edit: I have the original lease, with all three original signatures, dates, plus the property management's signatures and dates. The new people signed an addendum to the lease, legally changing the thing and therefore making it null and void (again, if I'm correct in my assumption).
You can just call the cops on them for the drugs. Also, for fraud. They lied to the landlord about you moving out.
Edit: Wait, you're still on the lease? That means they editted a contract without your permission. The new lease is null and void. Double-check with an attorney to be sure. In any case, you can call the cops and tell them "hey, I want you to search my apartment for drugs." You're on the lease, it's your apartment, you're a legal occupant of the domicile, you're allowed to give your permission.
You're wrong. You can't legally break a lease without your knowledge. Really, really call the police. Sooner rather than later.
Wii Code: 1040-1320-0724-3613 :!!:
I'm pretty sure that's hella illegal anyway, surely any contract can't be changed without the acceptance and knowledge of all parties involved? That's how it is in the U.K anyway, if it's not in the U.S then that's just stupid. If you'll need to get your hands on a copy of the lease and find out what happened.
Also, getting legal advice from an attorney is in the works.
So what did your cousin do, exactly? Did he tell the landlord you weren't coming back? I realize you weren't there to witness it, but I'm just curious as to how he presented all of this to the new roommates, the landlord, etc.
That's correct. Also when changing the lease, they must show an amended date. Not just replace the original. If those people came on after the original lease, it has to be documented. If not, the landlord is as much to blame.
Wii Code: 1040-1320-0724-3613 :!!:
I seriously want to read the case file for this when you're done. I mean, if this is the whole story, this is some fucking crazy shit.
For destruction of property, for illegal changing of a binding contract without prior consent, for distress, etc. Just tell the police the truth, including the drug use (but not mainly about the drugs) and the police can do most of the legwork. They'll probably get a city prosecutor if it becomes a criminal case, if a legal case exists then you'll just have to get your own attorney. Either way, you are 100% in the right.
Wii Code: 1040-1320-0724-3613 :!!:
They have broken the law, if you're still worried ring an attorney for information, there should be tonnes around, they'll tell you this. Seriously, call the cops or get an attorney. You can do the landlord the property managment people, your cousin, and the people staying there. They'll all get fucked.
So I ask for further clarification: Is this enough to completely and legally terminate the lease?
Edit: Yes, I have a copy of the original lease.
But again, that's why I'm questioning what your cousin's angle is in all this. If he went to the landlord and told them that you and your friend bailed and he had new tenants to take over, they probably would just work up an amendment. I don't know what the laws says about you showing up on rent day and wanting to know who the fuck these new people are.
Is there a "first" name listed on the lease? As in, is your cousin listed first? If so, he may or may not have the right under the lease to declare you abandoned and amend the lease. I don't know, just guessing.