Attorney question - Page 7

**Dunit35** · 12-04-2007, 09:18 PM

So, as most of you know I got engaged this year. Well it isn't working out anymore and I will be moving back to where I was before.We moved into a house together in July with both of our names on the lease contract. Now, here's the question. She just sent me a message telling me to move my shit and leave or she would move it for me. Do I have to pay my half of the rent even though she kicked me out? I was just going to send the landlord my half when I moved out after the semester so I didn't get into trouble legally.

The landlord told me I was still liable to pay my half even though she kicked me out. Is that true?

crazycoffey · 12-05-2007, 11:54 AM

Can I nominate this thread to the hall of classics yet?

I mean, it's going that way anyway....

whoaskew · 12-05-2007, 01:33 PM

<<< I am not an attorney >>>

Look in your lease for the words: joint and severally liable

You and your ex are each responsible for the entire rent due.

I just left court today evicting two of my tenants in the same situation. They moved in the apartment in Septmember, a week later the guy is telling me it is not working out between him and his girlfriend, and that he wants his half of the deposit back and wants to be let out of the lease.

My response: If you want any money back, you need to get it from your girlfriend. If you two work out some kind of arrangement between yourselves, that doesn't concern me or the agreement that I have with you two. As far as I am concerned, I rented to both of you together, you both have equal right to use the place, and you each are responsible for the entire rent. If you can't get along, and one of you decides to move out, remember that you are still obligated to the lease. This means that if the person that stays doesn't pay, both of you will get evicted and you each will be named on the judgment.

At some point after that conversation, he moved out, she never paid a dime, and both of them were evicted today (they have 10 days to get out). There was also a judgment against each of them for the full amount of the unpaid rent.

JohnnyV13 · 12-05-2007, 02:47 PM

Ok...

I used to practice bio tech patent law, so this kind of question goes back to 1st year property class for me.

A precise answer would require a copy of the lease, which will include the specific terms of the contract(including remedies in case of default by either party).

But, without examining this document and Oklahoma law (i'm in Arizona), I can give you some common sense advice.

!) She cannot "evict" you. You have just as much right to be there as she does.

2) The simpliest solution to this problem is to find a new roomate for either her or for you, who agrees to assume the other half of the lease. In this case you would get her to agree you can stay there until the end of the semester (very close), and then let the new roomate take over the lease.

3) If you can't find another roomate, then you are bound to pay the agreed amount until july.

4) If you simply leave, the landlord can bring action against both of you (and evict you both). If she continues to pay her "half" and you leave, she can sue you for damages due to your default.

5) If you both abandon the property, you are still bound to pay. But the statute cited above states the landlord has the duty to make a reasonable effort to rent the property. If the landlord succeeds in finding a new tenant, you no longer have a duty to pay as soon as the new tenant takes possession. Say it takes two months for the landlord to rent the new property, you would only owe two months rent.

6) Your credit will not be damaged if you continue to pay until the landlord finds a new tenant. However, if the landlord cannot rent the property despite a reasonable effort, you still are liable for the full amount.

You basically have two practical options, presuming you do not wish to stay there after this semester:

1) find her a new roomate to assume the lease or

2) cut an agreement with her to pay a smaller amount of the lease, while she's responsible for the rest. This agreement would be a contract between you and her, and should discharge you for any duty to pay beyond the amount you agree to pay. You should get this contract in writing.You can get help from student legal services with writing such a contract.

go bo · 12-05-2007, 02:53 PM

Quote:

Originally Posted by H5N1

eh, I'd disagree with that. I believe that you can't truly know if you wanna be with someone unless you've lived with that person. remember, the things that are 'cute' about a person six months into a relationship turn into your major psychotic hatreds later on down the line. people are different in public than they are in private, and living with someone can allow you to get to know the person when it's all hanging out so to speak.

I realize it doesn't always work like that, but I lived with my fiance/girlfriend for 2.5 years prior to our wedding (we got married a few weeks ago), and our living together was a smooth transition into married life. nothing changed except for the officiality of it.

wow!

congratulations and best wishes for a long and happy marriage...

Simplex3 · 12-05-2007, 02:58 PM

Quote:

Originally Posted by go bowe

wow!

congratulations and best wishes for a long and happy marriage...

Anybody know if he's brought her here before?

Demonpenz · 12-05-2007, 03:04 PM

so can i get or number or.....

JohnnyV13 · 12-05-2007, 03:11 PM

Quote:

Originally Posted by Demonpenz

so can i get or number or.....

Ebolapox · 12-05-2007, 03:40 PM

Quote:

Originally Posted by go bowe

wow!

congratulations and best wishes for a long and happy marriage...

thanks, man. much appreciated.

and, fuck no. the planet, to her, is just diversion for my small attention span.

**banyon** · 12-05-2007, 04:48 PM

What's been posted by the other legal brains here looks mostly right in a general sense, but Landlord/Tenant law is very state specific.

Kansas offers tenants way more protections than they have in neighboring states. Being as I don't practice in OK, I can't really tell you if there are some quirks there that you might be able to use to your advantage.

But seeking a local attorney is the right step.

**Dunit35** · 12-06-2007, 01:27 PM

I'm about to talk to an attorney.

What are some questions I should ask?

**Bugeater** · 12-06-2007, 02:20 PM

Quote:

Originally Posted by Dunit35

I'm about to talk to an attorney.

What are some questions I should ask?

Just tell him/her your situation.

12-06-2007, 02:22 PM

Quote:

Originally Posted by Dunit35

I'm about to talk to an attorney.

What are some questions I should ask?

Dude - there's a dozen questions in this thread.

How do Oklahoma tenant laws affect your situation. Is there any way to get out of the lease. You might even mention the issue you had with the gas stove - see if that's breach of contract on the landlord's part.

Just take the attorney your lease and explain what's going on. He'll advise you from there.

**Dunit35** · 12-06-2007, 02:27 PM

Yeah, I've called 15 lawyers and not one has answered.

trndobrd · 12-06-2007, 02:29 PM

Quote:

Originally Posted by Dunit35

Yeah, I've called 15 lawyers and not one has answered.

You've called 15 law offices and no one has answered the phone, or you've called 15 law offices and asked a bunch of questions without scheduling an office visit in an attempt to get free legal advice?

**Dunit35** · 12-06-2007, 02:30 PM

Quote:

Originally Posted by trndobrd

You've called 15 law offices and no one has answered the phone, or you've called 15 law offices and asked a bunch of questions without scheduling an office visit in an attempt to get free legal advice?

I've called 15 law officers and not one has answered the phone.

12-04-2007, 09:18 PM
Dunit35 Keepin it Real Join Date: Sep 2004 Location: Oklahoma Casino cash: $-2292955	Attorney question So, as most of you know I got engaged this year. Well it isn't working out anymore and I will be moving back to where I was before.We moved into a house together in July with both of our names on the lease contract. Now, here's the question. She just sent me a message telling me to move my shit and leave or she would move it for me. Do I have to pay my half of the rent even though she kicked me out? I was just going to send the landlord my half when I moved out after the semester so I didn't get into trouble legally. The landlord told me I was still liable to pay my half even though she kicked me out. Is that true?
Posts: 10,507

12-05-2007, 11:54 AM	#91
crazycoffey .......... Join Date: Dec 2006 Casino cash: $4157901	Can I nominate this thread to the hall of classics yet? I mean, it's going that way anyway....
Posts: 28,392

12-05-2007, 01:33 PM	#92
whoaskew Starter Join Date: Jul 2005 Casino cash: $6831930	<<< I am not an attorney >>> Look in your lease for the words: joint and severally liable You and your ex are each responsible for the entire rent due. I just left court today evicting two of my tenants in the same situation. They moved in the apartment in Septmember, a week later the guy is telling me it is not working out between him and his girlfriend, and that he wants his half of the deposit back and wants to be let out of the lease. My response: If you want any money back, you need to get it from your girlfriend. If you two work out some kind of arrangement between yourselves, that doesn't concern me or the agreement that I have with you two. As far as I am concerned, I rented to both of you together, you both have equal right to use the place, and you each are responsible for the entire rent. If you can't get along, and one of you decides to move out, remember that you are still obligated to the lease. This means that if the person that stays doesn't pay, both of you will get evicted and you each will be named on the judgment. At some point after that conversation, he moved out, she never paid a dime, and both of them were evicted today (they have 10 days to get out). There was also a judgment against each of them for the full amount of the unpaid rent.
Posts: 403

12-05-2007, 02:47 PM	#93
JohnnyV13 Veteran Join Date: May 2003 Location: Tucson AZ Casino cash: $5385200	Ok... I used to practice bio tech patent law, so this kind of question goes back to 1st year property class for me. A precise answer would require a copy of the lease, which will include the specific terms of the contract(including remedies in case of default by either party). But, without examining this document and Oklahoma law (i'm in Arizona), I can give you some common sense advice. !) She cannot "evict" you. You have just as much right to be there as she does. 2) The simpliest solution to this problem is to find a new roomate for either her or for you, who agrees to assume the other half of the lease. In this case you would get her to agree you can stay there until the end of the semester (very close), and then let the new roomate take over the lease. 3) If you can't find another roomate, then you are bound to pay the agreed amount until july. 4) If you simply leave, the landlord can bring action against both of you (and evict you both). If she continues to pay her "half" and you leave, she can sue you for damages due to your default. 5) If you both abandon the property, you are still bound to pay. But the statute cited above states the landlord has the duty to make a reasonable effort to rent the property. If the landlord succeeds in finding a new tenant, you no longer have a duty to pay as soon as the new tenant takes possession. Say it takes two months for the landlord to rent the new property, you would only owe two months rent. 6) Your credit will not be damaged if you continue to pay until the landlord finds a new tenant. However, if the landlord cannot rent the property despite a reasonable effort, you still are liable for the full amount. You basically have two practical options, presuming you do not wish to stay there after this semester: 1) find her a new roomate to assume the lease or 2) cut an agreement with her to pay a smaller amount of the lease, while she's responsible for the rest. This agreement would be a contract between you and her, and should discharge you for any duty to pay beyond the amount you agree to pay. You should get this contract in writing.You can get help from student legal services with writing such a contract.
Posts: 4,222

12-05-2007, 03:04 PM	#96
Demonpenz Woman should only make babies Join Date: Nov 2003 Location: Apartment "G UNIT!" Casino cash: $-383864	so can i get or number or..... __________________
Posts: 54,956

12-05-2007, 04:48 PM	#99
banyon Supporter Join Date: Aug 2005 Location: Hermosa, SD Casino cash: $10176551	What's been posted by the other legal brains here looks mostly right in a general sense, but Landlord/Tenant law is very state specific. Kansas offers tenants way more protections than they have in neighboring states. Being as I don't practice in OK, I can't really tell you if there are some quirks there that you might be able to use to your advantage. But seeking a local attorney is the right step. __________________ “When war breaks out people say: 'It won't last, it's too stupid.' And war is certainly too stupid, but that doesn't prevent It from lasting.” ~Albert Camus, The Plague.
Posts: 44,355

12-06-2007, 01:27 PM	#100
Dunit35 Keepin it Real Join Date: Sep 2004 Location: Oklahoma Casino cash: $-2292955	I'm about to talk to an attorney. What are some questions I should ask?
Posts: 10,507

12-06-2007, 02:27 PM	#103
Dunit35 Keepin it Real Join Date: Sep 2004 Location: Oklahoma Casino cash: $-2292955	Yeah, I've called 15 lawyers and not one has answered.
Posts: 10,507