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February 1, 2014 at 7:15 pm #610360
westcoastdebParticipantLong story short, I am being evicted (paperwork wise) from a place where I do not live and have not since Sept 11th. The final lease that I signed to this residence expired October 1, at which point it became month to month.
My problem (and where I am looking for advice) is that my two roomates stayed at the residence as month to month tenants, while I moved on. The landlord/property manager never generated a new lease and the 3 of us were all on one lease. The ‘new’ property manager to this residence was not the property manager when I moved out, and there has been one interim property manager since.
I moved out in good standing, rent paid, etc.
How do I go about having my name removed from an eviction? Is that even possible? I cannot afford to pay a lawyer, really, and make too much for any of the pro bono services I have found.
Any advice?
Thanks
Debbie
February 1, 2014 at 8:05 pm #803943
miwsParticipantDebbie, I genuinely wish I had some advice, and/or could otherwise help.
A few questions come to mind though, that I suspect that those in the know may ask:
Were you all basically “equal” parties on the lease; none of you considered a primary leaseholder, despite all three being listed on the lease?
Since you moved out, in good standing, and had paid your rent, will the current property manager absolutely not take that into consideration? Would any previous PM(s) be able to be contacted, to confirm your status of good standing? Especially the one that handled your last rent payment?
In any case, I hope someone with some knowledge can weigh in with advice, and I wish you the best of luck in (hopefully! *Fingers Crossed*) getting a proper resolution to this, and your name cleared.
For anyone that might be able to help Debbie: she’s a good person, and has been very supportive of others in WSBLand, and West Seattle in general, over the years.
Mike
February 1, 2014 at 8:12 pm #803944
Spring ChickenMemberThe Washington Tenants Union website provides links for legal resources which are free to all renters, regardless of income:
http://www.tenantsunion.org/en/rights/section/legal-assistance-guide
Hope everything works out for you Deb!
February 1, 2014 at 8:30 pm #803945
BearsChickParticipantWhen you moved out, you should have given the landlord a signed letter notifying them that you were relinquishing your interest in the apartment to the other leaseholders and request that your name be removed. Because you did not do that, you are equally responsible for the apartment, whether you live there or not. The eviction will be on your record. No way to avoid it.
February 1, 2014 at 8:36 pm #803946
westcoastdebParticipantI did give them notice, written, of course. This notice was given to the property manager (at the time). The landlord insisted that all such things be handled through the property manager.
We were all equal parties in the lease. The current property manager has stated that because my name was still on the lease (a fact that I had no control over) that I MUST be included in the eviction.
I have looked around the tenants union site and jsut have no idea what I should DO next.
Debbie
February 1, 2014 at 9:03 pm #803947
Spring ChickenMemberWhat to do next? If you’d like to speak with a lawyer for free, you could call the Neighborhood Legal Clinics number on that website to schedule an appointment….
February 1, 2014 at 9:33 pm #803948
BearsChickParticipantSo you’re saying the written notice you gave the property manager at the time was not attached to the lease and your name was not removed. Did you keep a copy of the notice? Has the eviction gone to court yet? If not, you should probably attend the hearing and tell the judge. Perhaps the property manager you gave the notice to should be subpoenaed? If the eviction has already gone to court, then dispute the eviction to all three credit reporting agencies. Wish I had more for you….good luck.
February 1, 2014 at 9:56 pm #803949
jissyParticipantDeb: did you get your/a deposit back? And have proof? That would tell a judge they washed their hands of you so to speak. I agree you should probably attend the hearing.
February 1, 2014 at 10:01 pm #803950
BearsChickParticipantWhen you remove yourself from a lease, the deposit stays with the rental unit. The deposit would be returned only upon successful move out of all tenants, and to only those listed as leaseholders.
February 1, 2014 at 10:20 pm #803951
snaParticipantIf you can show evidence that you gave notice ending the tenancy, then you will almost certainly not be held liable. Make sure you go to court and bring this to their attention. It will likely cause the entire case be thrown out.
However, even if you win, being named in an “unlawful detainer” suit may hamper future housing applications. I would tell the property manager you are prepared to file an action against them for defamation and malicious prosecution. Even better if you can get a lawyer to spend an hour drafting this message in a letter sent to the prop manager and landlord.
The mistake here was that the property manager didn’t create a new lease agreement when you gave notice. They should have. If you haven’t called the landlord, you should and tell him/her what is happening.
p.s. — not a lawyer, so take what I saw with a grain of salt.
February 1, 2014 at 10:34 pm #803952
snaParticipantOne other thing. If you gave notice of termination 20 days before the year lease expired, it should never have gone month to month. Read the “hold over” clause of your agreement.
Does your lease agreement specific multiple tenants? Does it address what happens if one moves out? Or does it just list the various tenants together as one tenant?
February 1, 2014 at 10:41 pm #803953
BearsChickParticipantIf there are three people listed as leaseholders, one or two of them can move-out at anytime. A new lease is NOT needed. All they’d have to do is give written notice to the landlord or property manager that they are relinquishing their interest in the apartment. Then their names should be removed from the lease. The remaining tenant is then fully responsible for the rental unit. The only time a 20 day notice of termination is necessary is if ALL the leaseholders plan to move out.
February 1, 2014 at 10:57 pm #803954
westcoastdebParticipantThanks guys. I guess I get to figure out how to work my schedule around courts.
My security deposit is gone – it went towards the first month of delinquent rent, coincidentally the month after I moved out.
February 1, 2014 at 11:02 pm #803955
jissyParticipant@9, not true-I moved out mid-lease on an apt. I was sharing while in grad school — the manager had the new tenant write me a check for my deposit and just put a letter in the file that that person took over my tenancy and I was cleared of any obligations from that point forward.
Unfortunately, Deb I think you may be on the hook unless you have a clear paper trail but I hope not for your sake. Good luck!
February 1, 2014 at 11:06 pm #803956
snaParticipantWithout seeing your lease agreement it’s hard to say, but I think you should be getting back your share of the security deposit.
The collective leaseholder in the original year long lease was three people. I’m assuming your landlord looked a that total income for the three of you to qualify you for the unit.
You have notice prior to that lease ending. The existing lease should not have converted to month to month. At that time, a new lease with the two remaining leaseholders should have been drawn up. And, the security deposit should have been refunded to all three of you and then recollected from the remaining two.
February 1, 2014 at 11:58 pm #803957
westcoastdebParticipantI don’t so much care about the security deposit. I am out the money, but whatever. I am moreso concerned about getting sued for their back rent ($4000+) and lawyer costs, etc.
February 2, 2014 at 12:02 am #803958
BearsChickParticipantSna…what is your experience? I am in property management, so know of what I speak. Your info is not accurate. WCD….you’re facing not a lawsuit, but being turned in to collections. Each leaseholder is 100% responsible for monies owed. We have roommate situations break up frequently, so it is an area in which i am well versed.
February 2, 2014 at 12:07 am #803959
westcoastdebParticipantEviction has not gone to court yet – paperwork states ‘notice of a lawsuit to evict’ that must be responded to (in writing) by Feb. 4th.
Had I not still been in contact with the tenants, I wouldn’t even know about this eviction as I was not served. This is all just very frustrating.
February 2, 2014 at 12:12 am #803960
BearsChickParticipantI am so sorry you r in this position. It is a learning experience. Respond in writing, strongly express property managements failure. U may be okay.
February 2, 2014 at 12:58 am #803961
jissyParticipantDeb: I would suggest that if you weren’t served then maybe they aren’t going after you?
February 2, 2014 at 1:00 am #803962
BearsChickParticipantThey only have to serve the last known address, which is the address of the rental unit.
February 2, 2014 at 1:02 am #803963
BearsChickParticipantThey only have to serve the last known address, which is the address of the rental unit.
February 2, 2014 at 6:26 pm #803964
westcoastdebParticipantJissy – my name is on the paperwork, so I’m fairly certain I am a part of this lawsuit.
February 2, 2014 at 7:16 pm #803965
jissyParticipantBummer.
February 2, 2014 at 9:01 pm #803966
seaopgalParticipantI think it depends on whether or not the “cause” for the eviction dates back to when you were a tenant; i.e., eviction is due to back rent or continually late payments prior to the end of the lease. If not, and you left appropriately at the end of the lease (with no back rent owning) and informed the landlord/property manager that you had left, you should be able to get your name off the eviction.
At the time the lease ended, if no new lease was signed and if the landlord accepted rent from the tenants who stayed on, they are governed by the rules for month-to-month tenancy. The eviction should proceed under those rules, and since you are not a party to that agreement (unless you stayed on into October), you should not be included. (If you did stay past the last day of the lease, it may be assumed that you agreed to continue living there as a month-to-month tenant.)
In any case, since you are on the summons, I would definitely suggest you respond in writing by 2/4, as required. Enclose a copy of your letter to the landlord notifying them of your departure (and any other proof you might have that shows when you moved, copy of your new lease, letter from your new landlord, etc.), and ask that you be removed from the eviction. If this does not work, be sure to go to the hearing with the same proof.
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