Apartment Lease Laws - Can he be sued...or worse?
613713
There are legal ramifications if they get caught, because he falsified documents.  What the course of action would be, depends on your state laws I am sure and what the apt. management want to do about it.\n\nI would say at the very least the friend will get evicted, loose his security deposit and may have to pay an additional fee.  If they choose to go after your boyfriend, I am not sure what they can do legally.
1057772
Look at your original lease.  He cannot add terms or conditions to the original document.  That constitues a breach.  DO NOT sign the new one without talking to a lawyer about what your rights are in regards to the original contract.  When someone changes a material portion of the lease, they are offering you a new lease.  He is still responsible for what is under the original before the date of the new one.  \n\nNow I'm telling you this without looking at the lease, and without knowing the laws in your area.  you should definitely have a  lawyer look at it though.  \n\nJust a thought....you might want to consider moving anyway, but at least get rid of the 30-day eveiction notice part.  Please have it checked out though.\n\n  me
325595
Try to cut a deal with the landlord.  Maybe find someone to take over the lease.\n\nI did this in Chicago and it worked out fine; I found someone to stay in the apt for the rest of the lease term.  I agreed to split one month with the new tenant, then he paid the rest.  \n\nI "broke" a lease in NYC, mostly b/c the landlord was in serious violation of housing codes, laws, etc.  I tried to be reasonable and deal with the guy, but he would not budge.  I sued him in housing court and left the unit with 3 months on the lease.  He never came after me for the last three months, but he kept my deposit (which he was entitled to do; luckily the rent I withheld was in excess of the deposit, so I came out on top).  Also, he lived outside of the country and coming after me would have been a huge waste of his time.\n\nTry to avoid "breaking" the lease.  It's just a lot of hassle and expense.  Plus, the landlord will keep your deposit, probably charge you for cleaning and repairs, and likely sue.
738611
Well, I would first say that yes he/she can, but you need to talk to your landlord and explain your situation and see if he/she is willing to work something out. Secondly you need to really review your lease and see what it says about this sort of thing.
257810
I presume this is your property and you have hired the property manager to manage it for you.  You should look at the management agreement.  Most have an arbitration clause to prevent expensive lawsuits.  They probably also have a clause that exempts them except for gross negligence on their part.  (Which this might be.)  I suspect you have much stronger rights if you are a tenant of the building than an owner.
48430
Yes, if they can find a landlord who will rent to them.  Most won't because the lease won't be binding.  The lease is invalid if signed by a minor.  Which means that the minor can't be held liable for anything (unpaid rent, damages, etc...)
777086
It doesn't sound like the owner should have. But you don't know exactly what was in the lease either. Those leases can have all kinds of loopholes in them. Then again, the owner might have thought no one would ask for it back.
463066
Yes nowadys anyone can sue anyone no matter where they are living. It is more if a case of when are they going to sue you compared to if they are going to sue.\nWhat you should do is get in touch with them and discuss your problems, they may allow you more time or something, you never know
503908
He's not personally liable until after he's been made aware of their behavior and had a chance to do something about it.  Even then, what he can be expected to do will be determined by the landlord-tenant codes of the state for evicting a tenant for breach of the lease.
816838
sue him for being a slumlord.
1099859
This is a tough situation and there is no really good solution.\n\nRemember that what someone can "legally" do is not really a practical limit on what they may actually do. Worse still, you can have all sorts of legal rights but if the only way to exercise them is to go to court then the solution may be worse than the problem.\n\nThe only thing is really to get the stuff out right now. If the apartment is in the other person's name then she's not going to get any immediate help from the legal system.\n\nEDIT: From another question that you posted I'm now unsure if this is a room mate situation or a landlord-tenant case. Please clarify. It affects the answer.
604164
I don't believe that a lawsuit is your best recourse. However, I would (with the others involved) approach him and ask him a few questions, like...\n1) Are you struggling with any addictions?(drugs,alcohol,sex,gambling..)\n2)Did you get yourself into some trouble and were too ashamed to ask for help?\nIf so, to either question, tell him you forgive him and ask him to seek help. You all might want to offer him this...since it's obvious he requires some. Nothing is going to get resolved thru anger, or seeking retribution yourselves...even thru legal channels. There's a lesson here (for all who read this). -TRUST and FORGIVENESS\nI'll sincerely be praying for those involved on the short end...and for your lost friend.\nIn the meantime, I have a friend who lives in the Costa Mesa area who (along with 2 others) is looking for 1 more roommate to share a 4 bedroom house. I believe the price is 400 a month and it's possible that he could&#92;would defer the deposit until you got on your financial feet.\n\nSincerely,\nMike\n\nPS - There may be other questions you may want to ask.1
841595
if he sues you in court show up, let a judge decided if the landlord's lease is legal,\n\nbut remember if he files against you and you do not show up he wins no questions asks
880729
Every state landlord/ tenant laws different. I own apt buildings in two different states and closing escrow on another one within a few day. So I know landlord/ tenant issues.\n\nI'm not a lawyer or paralegal but I know contract law and work with them all the time so I'm rather knowledgeable on lease laws. \n\nFrom your question it sounds like you have no written agreement with your landlord. That is why the judge didn't here your side. It doesn't matter who you had rented the apt from originally. \n\nOwners change property managers often but it doesn't change anything for the current tenants unless they resign the agreement.  \n\nAnything not in writing come down to his/her word against yours. Being he owns the property you have no legal standing to the property except as a renter.  \n\nI'm surprised the judge didn't tell your husband that and also that he was in violation of the law. A renter can not hold back rent to blackmail the landlord in fixing something. If that was the case every renter would do it for what they deemed needed fixing. \n\nNow, if it was a safety issues electrical, plumbing and major leak, things like that and the landlord doens't fix it within a reasonable time. The word is reasonable and it isn't 10 min after reporting the problem. \n\nOne can have it fixed (hire a professional) an give the landlord or management company the bill. Then if they don't reemburse you, take them to court. But, you still have to pay the rent.\n\nSorry for your situation but there is nothing I or anyone can tell you to make it better.\n\nBut, I can give you some advice for the future. \n\n1. Inspect the property your planning on renting. Just as you would a car, house anything your buying from an individual or company.  \n\n2. If it is major issues don't move in until it is fixed. One persons minor might be anothers major issue. Like covers over light fixtures minor but it looks bad.  It is another thing NOT having covers over electrical switches that is a safety issue and should be considered major and done prior to moving in.\n\n3.Get everything in Writing. Your word against anothers doesn't hole water in the court of law. \nSome places court dates are booked up so far out because of so many cases that that judges only look at the relevent evidence and ask very few questions before deciding. \n\nLast year I went to court as witness we were 5th. We were in front of the judge in less then two hours. Two before us were done in less then 10 minute. There were some real unhappy people but there wasn't anything to back up the evidence. Nothing in writing.  \n\n4. Most important thing, READ WHAT YOUR SIGNING BEFORE SIGNING. If you do not understand what is written ask or get legal advice from someone who knows legal contracts. Paralegal that know contracts are a lot cheaper then a lawyer. \n \nGood luck.
906826
Go see a real estate attorney and tack on as many other things as possible into the law suit.  Not to be a jerk, but it is often the only way to remendy some situations, but I just like to sue people too.
392793
The fact that he didn't sign the lease doesn't invalidate the lease.  If yours is the only name on the lease then you are entirely responsible for it.  He would be considered a "sub-tenant" under you.\n\nSince both of you wish to move I suggest that you speak to the landlord.  You may be able to negotiate your way out of the balance of the lease in return for a payment such as one month of rent.  But you're not going to have any negotiating leverage based on the fact that your roommate didn't sign the lease.
898866
I just took a look at that "free" standard agreement, and there are a boatload of problems with it.  My office gets landlords in all the time who have managed to screw themselves royally with those free forms, Staples leases, landlord.com crap, etc...  \n\nMany clauses in those leases are unenforceable because they go against state or local law.  People can't sign away their rights.  It just doesn't work that way.  Those agreements aren't written with your best interests in mind nor do they protect you or your rights in many instances.   They are like sugar pills ... you feel all secure but in reality it's worthless. \n\nThis lease doesn't include the all important term "right of reentry" which allows you to legally reclaim the unit using the notices and causes for eviction provided by the laws of your state if the tenant fails to abide by the terms of the lease. If you didn't reserve the "right of reentry" in your lease, you have given up your right to evict for anything other than non-payment of rent.   \n\nSome other problems with this lease:\n\n"A finance charge of up to 10% of rent not paid will be automatically charged to the Tenant’s account after the fifth day of the month."   Many places have laws that limit the amount of late fee that can be charged, no matter what the lease says.  This amount may or may not be legal where you are.  And many states have laws (either statutory or case) that protect people who are on pensions and such from being charged late fees at all if their checks are issued on the 5th or whatever.\n\n"If the tenant’s rent is past due and the landlord exercises his legal right to seek a judgment against the tenant in court, a $xxx fee shall apply in addition to court costs, late fees and rent due." That's basically a usury charge, and I'll bet it's unenforceable in almost every state. \n\nAlso this lease doesn't state that the court costs or late fees are considered "additional rent", and as such you probably won't be able to claim them on a non-payment complaint. \n\n"If the tenant abandons the property, the landlord may enter and relet the property. In this case, the landlord may also remove and dispose of any personal property left behind by the tenant."  Want to get sued?  You need to take legal action to regain posession of the apartment, and you must follow the law in your area regarding abandoned property.  You can't just toss it out.  Let's say your tenant disappears.  You think he abandoned the place, dump his stuff and re-rent the unit.  Your tenant shows up in a month or two and guess what?  YOU are the one in trouble.  You didn't regain legal posession of the apartment.  Those people are living in his apartment.  You threw out his stuff.  You are going to pay for this through the nose, and the few hundred dollars he owes you will be deducted from the thousands of dollars you will owe him.   We had one tenant as a client who was wrongfully detained for over a month in a foreign jail while on vacation.  He  came back to find new people in his place and all his stuff gone.  The settlement our office got for him was probably twice what most people reading this make in a year.  The landlord could easily have avoided this by taking the legal steps required to reclaim the unit and by placing the tenants belongings in storage as required under the law. \n\n" will return the balance within 30 days. The tenant must give the landlord written notice of the tenant’s new address or make other arrangements with the landlord for the return of the security deposit."   If state law say you have fewer days, then that's all you have.  In many places, if you don't return the deposit or a written statement why it is not being returned (unpaid rent, damage, etc) within the time frame allowed by law, the tenant is awarded 2 or 3 times the amount of the deposit.