so as some(some referring to a very small number) of you may know, i was on a deployment from nov 07-jun 08...well i had a lease on a 3 bed 2 bath apt...and i went on deployment, still paying my share of the rent...well in jan 08 she couldnt afford to pay rent anymore, so i said sure, go ahead and move into a 2 bed 2 bath apt...for less rent...but she signed another lease from jan 08-jan 09...well im in the process of trying to buy a house, but she just told me she is leaving on her deployment the end of this month thus leaving me with the apt...BUT i never signed the new lease from jan08-jan09...BUT my name is on it, even if i wasnt here to agree in anyway...but i have not signed it...but the apt complex said im legally responsible for it, even if i wasnt here for the lease, nor did i ever sign over a power of attorney or anything...so basically im wondering...How am i responsible for the apt?

and how can she just leave and me not even be on teh lease signature wise....

im going to talk to a lawyer tomorrow and my realtor is calling one tonight for me to ask...so im just curious as to what you guys think...

i know im fucked either way, because this roommate already owes me $2K and she has no money...

8/4/2008 7:30:45 PM

Check the lease. My lease has a section about military deployment which says you can get out of a lease at any time depending on the circumstances. On the hand, you didn't sign anything, so I don't really see how they can hold a contract that was never signed. From the way it sounds, the apartments know you never signed the lease or did she forge your signature?

[Edited on August 4, 2008 at 8:01 PM. Reason : .]

8/4/2008 8:01:13 PM

nah, military clause says if you get stationed out of the area, you can break a lease. not for a deployment.

she signed the lease. i never did. i was on deployment. and no she didnt forge my signature, only hers is on it...but my name is on it...like typed in...not signed.

8/4/2008 8:12:29 PM

I wouldn't think they could hold you responsible if you didn't sign it. Cuz if they could, then people could go and put Jackleg's name on some lease with them and get him in all sorts of trouble. But I'm no lawyer

8/4/2008 8:22:08 PM

You're in the clear since you never signed anything. Apartment companies around here lie like a motherfucker and hope you're ignorant enough to believe them. I'm sure the lawyer will tell you the same, but it wouldn't hurt to see him since he'll probably clear it up just by writing them a letter on your behalf.

8/4/2008 8:27:45 PM

Oh ok, I'm not in the military or anything, but I remember the office going over some stuff about that. Good luck, though I still really can't see them forcing that on you without a signature. I think most apartments just try and see what they can get out of people, in the hopes that you'll just pay up and not try to fight it.

8/4/2008 8:28:08 PM

i live in Virginia Beach...

8/4/2008 8:29:13 PM

The state doesn't matter.

You didn't sign that new lease.

Quote :

"I think most apartments just try and see what they can get out of people, in the hopes that you'll just pay up and not try to fight it."

This is exactly what they're doing.

Tell them to take that lease you never signed, and shove it.

8/4/2008 8:31:54 PM

^^It doesn't matter. You didn't sign. At worst they can maybe say you went on a month-to-month lease after your initial lease ran up (if this place is in the same complex as the 3 bed one.) Even then you'd just have to give your 30 or 60 day notice and split.

[Edited on August 4, 2008 at 8:33 PM. Reason : ^^]

8/4/2008 8:33:23 PM

im sure they might let you out of it and just fuck your friend. would be kinda a douchebag thing to do since you told her to get the apartment.

8/4/2008 8:34:23 PM

yea they said i could do a 60 day notice, but since i would be breaking the lease early...id have to pay for those 60 days and plus 2 months rent as a penalty...so over $5350 in the end..

8/4/2008 8:35:14 PM

Quote :

"id have to pay for those 60 days and plus 2 months rent as a penalty...so over $5350 in the end.."

They are so wonderfully full of shit I'm smelling it here in Raleigh.

Quote :

"would be kinda a douchebag thing to do since you told her to get the apartment."

I don't think he's overly concerned:

Quote :

" i know im fucked either way, because this roommate already owes me $2K and she has no money... 8/4/2008 7:30:45 PM"

She may not have to pay a penalty, either, if she's having to break the lease for deployment. I don't know what the VA law is on that.

[Edited on August 4, 2008 at 8:38 PM. Reason : lkjfd]

[Edited on August 4, 2008 at 8:38 PM. Reason : e not t]

8/4/2008 8:37:31 PM

Quote :

"yea they said i could do a 60 day notice, but since i would be breaking the lease early...id have to pay for those 60 days and plus 2 months rent as a penalty...so over $5350 in the end.."

The lawyer can straighten it all out. I doubt you'll even need to pay the 60 day notice deal. The best part is the real life pwning you're about to to do to the bitches that run that place.

8/4/2008 8:39:19 PM

They could argue that you agreed to the contract verbally since you told her to get it. But no judge would enforce that upon you since you can just say that was not what you meant to say.

As for her, she is liable for that money since she did sign the lease. Back in the day the military would garnish her wages for such debts, is that no longer the case?

[Edited on August 4, 2008 at 8:42 PM. Reason : .,.]

8/4/2008 8:41:23 PM

Were I in his shoes, I honestly wouldn't even be worrying with a lawyer unless they served me with a summons to court.

I would, however, be watching my credit report.

Without him having signed the lease, he is in the clear. The apartment complex either knows this, and is trying to bully him around, or doesn't know it, and is run by a bunch of morons. Or a mix of the former and latter

Quote :

"They could argue that you agreed to the contract verbally since you told her to get it. But I seriously doubt a judge would enforce that upon you."

That was him talking to her. That is not him agreeing, with the complex, to a lease. He would need to say, to the complex, that he is agreeing to enter a lease.

As far as her paying...here is VA rental law.

The summary of the part applicable to military personnel is (from this site; see page 26 of the PDF, section 55-248.21:1, B)

8/4/2008 8:41:50 PM

Quote :

"§55-248.8. Effect of unsigned or undelivered rental agreement. If the landlord does not sign and deliver a written rental agreement signed and delivered to him by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. If the tenant does not sign and deliver a written rental agreement signed and delivered to him by the landlord, acceptance of possession or payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. If a rental agreement, given effect by the operation of this section, provides for a term longer than one year, it is effective for only one year."

?y

[Edited on August 4, 2008 at 9:36 PM. Reason : ea]

8/4/2008 9:36:28 PM

So what's your question?

8/4/2008 9:39:52 PM

is that my situation?

8/4/2008 9:45:39 PM

Have you paid rent on this second lease or moved in?

[Edited on August 4, 2008 at 9:49 PM. Reason : klfd]

8/4/2008 9:48:40 PM

i pay her, and she pays the rent...ive paid only one months rent because she had surgery

8/4/2008 9:50:29 PM

So the landlord hasn't accepted money directly from you? And you haven't moved in?

As best I understand from the situation, you're good to go.

8/4/2008 9:51:34 PM

i live in the apt, but i never signed the lease...

she got this apt in jan when i was on deployment...

i just put money in her account and she paid the rent....

8/4/2008 9:53:11 PM

Quote :

"As best I understand from the situation, you're good to go. "

8/4/2008 9:53:58 PM

Quote :

"Steven Da Nuke 4003 Posts user info edit post Quote : "§55-248.8. Effect of unsigned or undelivered rental agreement. If the landlord does not sign and deliver a written rental agreement signed and delivered to him by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. If the tenant does not sign and deliver a written rental agreement signed and delivered to him by the landlord, acceptance of possession or payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. If a rental agreement, given effect by the operation of this section, provides for a term longer than one year, it is effective for only one year." ?y "

I don't think that this will apply to you. I think that this would apply to your roommate, but not to you. I mean there was a signed agreement, signed by your roommate. As wolfpack0122 pointed out, you could just write anybody into your lease agreement and screw them over (e.g. Bill Gates, George Bush, the apartment's property manager, etc). Furthermore, the apartment's entire case would be built on hearsay (what your roommate says that you said) which is typically not allowed as evidence in court.

[Edited on August 5, 2008 at 12:18 AM. Reason : []

8/5/2008 12:17:26 AM

they found out i was talking to a lawyer and they changed their story...i put in a 30 day notice and just owe sept since it was before the month of aug...i put my offer for my house and hopefully they accept it...

if not, ha ill be homeless...but atleast i wont be paying those bitches 4 months rent

8/6/2008 10:50:25 AM

they were tryin to hussle you. What I deal with at work is that people can sign a lease to move into an apartment but they can add people to the lease that wanna stay there. so technically theres more then one name on the lease but the 2nd person can get taken off the lease anytime they want. it falls back on who initally got the apartment and who signed. Im glad things are working out and I hope you get the house

8/6/2008 11:28:56 AM