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Old 07-30-2015, 09:14 PM   #1
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Ants Lawyer PeopleC

Hey, I've run into a super shitty situation. So, I moved into this place in May. I took over the lease of one guy who was moving out. I was told the lease went until July 31st, so it would be fine for me to be there from May to July. Here it is, July 31, and apparently, the lease Auto-renewed back in March, so my roommates and I are on it until the end of August. We asked to be taken off, and the one roommate who will be living here until August said he would take care of the rent payment for that month. Now, as the rest of us are moving out, we're told he needs the rent for next month and that he "never said he was paying the whole thing" and the leasing office has said if it is not paid, we will take a hit to our credit. There are 4 of us living here, with 3 of us having moved in between May and June, under the agreement we would be leaving by August 1st. Now, we're trying to figure out how to get out of being utterly scammed by this giant asshole.

Any ideas?
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  • Old 07-30-2015, 09:48 PM   #2
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    Re: Ants Lawyer PeopleC

    Pay the portion of the rent. It sucks but will be less of a headache than any other course of action. Learn your lesson and don't sign on to any more bootleg "deals".
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    Old 07-30-2015, 10:00 PM   #3
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by jcc522 View Post
    Pay the portion of the rent. It sucks but will be less of a headache than any other course of action. Learn your lesson and don't sign on to any more bootleg "deals".
    Don't usually agree with the Jeep but this time I do
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    Old 07-30-2015, 10:09 PM   #4
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    Re: Ants Lawyer PeopleC

    Well, we've all three agreed that since he flat out said in writing "Well I agreed to pay for the rent because I thought I didn't have an option. Now that I know you guys technically have to pay it, you guys have to. I'm not doing it" we're going to use that. Written statement and all
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    Old 07-30-2015, 10:10 PM   #5
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by jcc522 View Post
    Pay the portion of the rent. It sucks but will be less of a headache than any other course of action. Learn your lesson and don't sign on to any more bootleg "deals".
    /thread.

    Any legal recourse is going to be just as costly and incredibly time consuming.

    Unless rent is $10K a month, just pay your portion of the rent and move on.
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    Old 07-30-2015, 10:12 PM   #6
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by crounsa810 View Post
    Well, we've all three agreed that since he flat out said in writing "Well I agreed to pay for the rent because I thought I didn't have an option. Now that I know you guys technically have to pay it, you guys have to. I'm not doing it" we're going to use that. Written statement and all
    He wrote that down?

    And where are you going to "use" that, exactly?
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    Old 07-30-2015, 10:16 PM   #7
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by lockman21 View Post
    He wrote that down?

    And where are you going to "use" that, exactly?
    So basically, the situation is that he agreed he would pay the full amount. He then told his father, who told him "Uh no. I'm not paying that. Make them pay it"

    So, since he waited until the day before we moved out, we told him no, the original agreement was that he would pay since he will be the only one living here in August. He called his Dad again, and we all had quite a fun time. So, we're moving out tomorrow, and he's going to need to pay it because the rest of us do not have the cash for it.
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    Old 07-30-2015, 10:19 PM   #8
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    Re: Ants Lawyer PeopleC

    So what exactly did you create this thread for?
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    Old 07-30-2015, 10:20 PM   #9
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by crounsa810 View Post
    Well, we've all three agreed that since he flat out said in writing "Well I agreed to pay for the rent because I thought I didn't have an option. Now that I know you guys technically have to pay it, you guys have to. I'm not doing it" we're going to use that. Written statement and all
    I see what you're saying. it's just that lease law in this country, it's not governed by reason.
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    Old 07-30-2015, 10:56 PM   #10
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    Re: Ants Lawyer PeopleC

    always sunny witness!
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    Old 07-31-2015, 04:32 AM   #11
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    Re: Ants Lawyer PeopleC

    Before even getting into the legal aspects of this, its worth stating that there is no way in hell that its worth it to hire a lawyer for this. It's one month's rent split between 4 people, it'd be cheaper just to suck it up and pay it. If you want to try pro se, thats a different story I suppose.
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    Old 07-31-2015, 06:00 AM   #12
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    Re: Ants Lawyer PeopleC

    auto-renew for one month? doubtful
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    Old 07-31-2015, 06:23 AM   #13
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    Re: Ants Lawyer PeopleC

    I thought this thread was going to be a place where we reflected on all the times YNK25 used his lawyering skills to make other ants melt.


    P disappointed that it's not.
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    Old 07-31-2015, 06:46 AM   #14
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by Cscottrun View Post
    Before even getting into the legal aspects of this, its worth stating that there is no way in hell that its worth it to hire a lawyer for this. It's one month's rent split between 4 people, it'd be cheaper just to suck it up and pay it. If you want to try pro se, thats a different story I suppose.
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    Old 07-31-2015, 06:58 AM   #15
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    Re: Ants Lawyer PeopleC

    Regarding him saying he'd pay for it and backing out, that doesn't sound like a contract to me. That sounds like a promise which doesn't have nearly the weight of a contract. Be sure to brush up on your promissory estoppel law in case you fight it.

    It costs almost $100 just to file a small claims action in Wisconsin, I'm sure PA is similar. I'd just pay it and move on.
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    Old 07-31-2015, 07:00 AM   #16
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    Re: Ants Lawyer PeopleC

    Also, many real estate matters have to be within the statute of frauds meaning his original agreement with you needed to be in writing. So look into "Statute of Frauds" as well.

    Also, be sure to set aside a couple of hours to file your complaint and have a hearing. If the other guy lawyers up you might need some discovery.

    Still seem worth it to fight it?
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    Old 07-31-2015, 07:21 AM   #17
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    Re: Ants Lawyer PeopleC

    DId you read the lease? Does it say anything about auto-renewing?

    If so, pay. If not, tell the dude to go suck an egg
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    Old 07-31-2015, 07:31 AM   #18
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by crounsa810 View Post
    Hey, I've run into a super shitty situation. So, I moved into this place in May. I took over the lease of one guy who was moving out. I was told the lease went until July 31st, so it would be fine for me to be there from May to July. Here it is, July 31, and apparently, the lease Auto-renewed back in March, so my roommates and I are on it until the end of August. We asked to be taken off, and the one roommate who will be living here until August said he would take care of the rent payment for that month. Now, as the rest of us are moving out, we're told he needs the rent for next month and that he "never said he was paying the whole thing" and the leasing office has said if it is not paid, we will take a hit to our credit. There are 4 of us living here, with 3 of us having moved in between May and June, under the agreement we would be leaving by August 1st. Now, we're trying to figure out how to get out of being utterly scammed by this giant asshole.

    Any ideas?
    Stupid question but have you went to the leasing office and verified all this is in writing and official? Did he say the leasing office said this or did they?

    Generally speaking tenants are prevented from sub leasing their units. I can't tell from the OP if anything is in writing or not.
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    Old 07-31-2015, 07:45 AM   #19
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    Re: Ants Lawyer PeopleC

    Also, most places require first and lasts month rent when you move in. Depending on what the leasing office says ask about this too.

    If your credit gets dinged so will his which might be enough for his old man to step up.
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    Old 07-31-2015, 07:51 AM   #20
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    Re: Ants Lawyer PeopleC

    Statute of frauds only applies to leases of over three years
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    Old 07-31-2015, 08:01 AM   #21
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by YouNeverKnow25 View Post
    auto-renew for one month? doubtful
    This. Auto renew for one month sounds like bullshit
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    Old 07-31-2015, 08:17 AM   #22
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by barbogast View Post
    This. Auto renew for one month sounds like bullshit
    This is a thing. After you initial lease expires I've seen people go month to month at a new rate.
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    Old 07-31-2015, 08:24 AM   #23
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    Re: Ants Lawyer PeopleC

    Pay your dues and your debts.

    Go back to the lease you signed, do whatever that says.
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    Old 07-31-2015, 08:48 AM   #24
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by Climb2safety View Post
    This is a thing. After you initial lease expires I've seen people go month to month at a new rate.
    Automatically without notice?
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    Old 07-31-2015, 09:23 AM   #25
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    Re: Ants Lawyer PeopleC

    Weird... every apartment/duplex/house I've ever been in requires a written notice to vacate or renew 30 or 60 days prior to end of lease. When vacating I've always signed a paper stating I'm leaving. When renewing I have to sign a new contract with the new lease dates and any changes in rent/policies. Never heard of an auto-renewal month to month.
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    Old 07-31-2015, 09:26 AM   #26
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by barbogast View Post
    Automatically without notice?
    I would think you could set it up that way where it auto renews each month til you tell them not to. My buddy went month to month after his lease expired when he thought he was moving out.

    Again, he set it up this way, they did not auto set it up for him.
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    Old 07-31-2015, 09:45 AM   #27
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    Re: Ants Lawyer PeopleC

    going to a month to month after the lease expires is very very very different than "auto-renewal"

    "renewal" means the lease is renewed at same terms, which is almost assuredly a term of years
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    Old 07-31-2015, 09:50 AM   #28
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    Re: Ants Lawyer PeopleC

    auto-renewal for a lease seems like a terrible idea.
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    Old 07-31-2015, 09:56 AM   #29
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by crounsa810 View Post
    Hey, I've run into a super shitty situation. So, I moved into this place in May. I took over the lease of one guy who was moving out. I was told the lease went until July 31st, so it would be fine for me to be there from May to July. Here it is, July 31, and apparently, the lease Auto-renewed back in March, so my roommates and I are on it until the end of August. We asked to be taken off, and the one roommate who will be living here until August said he would take care of the rent payment for that month. Now, as the rest of us are moving out, we're told he needs the rent for next month and that he "never said he was paying the whole thing" and the leasing office has said if it is not paid, we will take a hit to our credit. There are 4 of us living here, with 3 of us having moved in between May and June, under the agreement we would be leaving by August 1st. Now, we're trying to figure out how to get out of being utterly scammed by this giant asshole.

    Any ideas?

    can you try and sublet it?
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    Old 07-31-2015, 10:06 AM   #30
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    Re: Ants Lawyer PeopleC

    Quote:
    Originally Posted by Arby View Post
    auto-renewal for a lease seems like a terrible idea.
    it's great for landlords who have tenants who aren't vigilant about moving out when their lease tells them to
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