Re: UPDATE: Non-Renewal Notice - Landlord Forum thread

Re: UPDATE: Non-Renewal Notice by Anonymous (MA) on July 1, 2012 @16:19

Anna Mouse - you are right. I will have to name both of them If it comes down to it for non payment of rent. Both of the roommates parents are co-signers. The other roomate seems to be more on the ball than PITA. If PITA is still there on the 1st, I will start the eviction process for "holdover".

I was just dumfounded that you would actually ask me if you need to sleep somewhere else on the 31st. The lease ends on Aug 31st you will need to have secured an apt for Sept 1st anyway. The PITA actually thought I was going to break the lease because you stupidly went to sign a lease for a new apt while the old lease is still in affect. I don't think so!

My take is if you didn't understand the lease when you signed it you should have consulted a lawyer.

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Re: UPDATE: Non-Renewal Notice by Jake on July 1, 2012 @16:29	[ Reply ]

"Both of the roommates parents are co-signers." Have you contacted the parents to see if they have the big picture? As co-signers, will you be naming them in the eviction action? Have the parents thought through the consequences an eviction will have on their credit record?

Re: UPDATE: Non-Renewal Notice by Anonymous (MA) on July 1, 2012 @17:28	[ Reply ]

Jake - No I didn't contact their parents. There is a section of my lease that states the following: Whenever the LL would be entitled to take action against the T, the LL may take the same action against the Guarantor, even though the Guarantor did not have notice that the T was in default. The Guarantor waives all rights under law which otherwise permits the Guarantor to avoid or reduces his or her liability to the LL. The Guaranty will have the same legal effect as the Lease. (see paragraph 28) Both parents signed this section. Paragraph 28 - Legal Effect - Although this agreement has attempted to express the rights and duties of the parties in simple language understandable to a layman, the T understands that this lease will be treated as a formal legal instrument under seal and will be binding on all persons having any future dealings with the L's property. If more than one copy is signed, all copies will be equally effective. If more than one person is named as the T, the L may hold any such person legally responsible for all of the obligations of the T under the lease. I am probably a naive LL, but they should have read all sections of the lease before they sign it. Again, it seems it's PITA causing the problems not the other roommate. While I am well prepared in case it goes to court, I have my fingers crossed that it won't. After my conversation today with PITA, she has stopped calling me.

Re: UPDATE: Non-Renewal Notice by Jake on July 1, 2012 @17:40	[ Reply ]

You may be able to save yourself some trouble and time if you send the appropriate sections of the lease to the parents with a request for payment to avoid an eviction on their record. The guaranteed the payment. It is time for them to pay up.