06-24-2013, 10:38 AM
3 posts, read
2,809 times
Reputation: 10
Here's the situation: 2 people signed a lease for one year. After the year was up, one tenant leaves the place, but the other stays and pays month to month. Now the one who stayed isn't keeping up with the rent and the one that left is getting calls from the landlord. Should the tenant that left still be responsible for anything? They left once the lease was up. The landlord knew he left, and there was no further paperwork or anything. The landlord sent both tenants eviction notices. Worried about legal repercussions or rent unpaid and possible damages.
06-24-2013, 11:51 AM
Location: Phoenix,AZ
7,706 posts, read
14,117,386 times
Reputation: 7045
If the tenant that vacated when the one year lease expired, then THAT tenant isn't liable for anything. As long as they followed the lease agreement (e.g., giving 30 days notice, all rent is paid, etc.).
There could be an issue with the security deposit, but this type of thing should be spelled out in the original lease.
I'm taking a wild guess here that the original lease was for one year, and that it explicitly stated that the lease will continue on a month to month basis after that. If that's the case, then no further paperwork is required.
So, if the person leaves after one year, gives proper notice......they should be removed from the lease. Damage is another story.....
It seems to me that the landlord doesn't have any recourse against the person that moved out.
06-24-2013, 11:56 AM
3 posts, read
2,809 times
Reputation: 10
He did leave once the lease was expired. The landlord knew he had left and the rent was paid at that point. He's not worried about the security deposit. They ended up using that to pay when they fell behind once.
The lease was for one year, then turns into a month to month after that. But does it matter that the landlord never set up a new agreement with the tenant that stayed? He just like, extended the original lease. So he is now saying that the tenant that left is still on the lease and is responsible for rent.
06-24-2013, 12:06 PM
Location: Phoenix,AZ
7,706 posts, read
14,117,386 times
Reputation: 7045
I don't understand why the landlord kept that person on the lease when they knew he was moving out. I've been a landlord and tenant in MI & AZ......as a tenant, I always wrote and signed a letter of my intent to vacate. As a landlord, I required it.
06-24-2013, 02:55 PM
Location: SE Michigan
6,191 posts, read
18,187,300 times
Reputation: 10355
Can the landlord even hold someone liable for rent monies after the original lease is up? I don't see any contract or breach thereof after the original year lease; seems to me the tenant that left is in the clear.
This one might come down to what was spelled out in writing.
Quote:
The lease was for one year, then turns into a month to month after that. But does it matter that the landlord never set up a new agreement with the tenant that stayed? He just like, extended the original lease.
I'm no lawyer but I've been in the past a renter and also a landlady.
Yes IMHO it matters, a lot, that the landlord didn't set up a new agreement. It seems like he has nothing enforceable at this point. I don't see how he would have any action against the person that left after the year was up. He can (just an educated guess) enforce a month-to-month contract with the remaining renter.
06-24-2013, 02:59 PM
Location: west mich
5,739 posts, read
6,948,529 times
Reputation: 2130
Quote:
Originally Posted by
ajh1232
He did leave once the lease was expired. The landlord knew he had left and the rent was paid at that point. He's not worried about the security deposit. They ended up using that to pay when they fell behind once.
The lease was for one year, then turns into a month to month after that. But does it matter that the landlord never set up a new agreement with the tenant that stayed? He just like, extended the original lease. So he is now saying that the tenant that left is still on the lease and is responsible for rent.
Doesn't sound right. After 12 months there is no lease unless the landlord demands a new one - with signatures. That's what happens with an
ordinary lease agreement. The current resident can be held responsible, but somebody who vacated after the lease was up??
The calls are coming from the landlord personally rather than a lawyer, so it seems like, with no good case, they are going after whomever they thinks has money - trying to scare or shame them. Could be something personal going on here, or the landlord is desperate.
One place I rented - for about 3 anniversary dates the landlord demanded a new 12-month lease, then stopped the practice - don't really know why and didn't ask. Guess they want to test your trustworthiness for a spell.
06-24-2013, 02:59 PM
Location: Phoenix,AZ
7,706 posts, read
14,117,386 times
Reputation: 7045
Quote:
Originally Posted by
chiroptera
Can the landlord even hold someone liable for rent monies after the original lease is up? I don't see any contract or breach thereof after the original year lease; seems to me the tenant that left is in the clear.
This one might come down to what was spelled out in writing.
I'm no lawyer but I've been in the past a renter and also a landlady.
Yes IMHO it matters, a lot, that the landlord didn't set up a new agreement. It seems like he has nothing enforceable at this point. I don't see how he would have any action against the person that left after the year was up. He can (just an educated guess) enforce a month-to-month contract with the remaining renter.
Right.
It was month to month, so....the guy that left is only liable for one month's rent at the most. If he gave notice per the lease's requirements.....he's off the hook.
06-24-2013, 03:04 PM
Location: Phoenix,AZ
7,706 posts, read
14,117,386 times
Reputation: 7045
Quote:
Originally Posted by
detwahDJ
Doesn't sound right. After 12 months there is no lease unless the landlord demands a new one - with signatures. That's what happens with an ordinary lease agreement. The current resident can be held responsible, but somebody who vacated after the lease was up??
The calls are coming from the landlord personally rather than a lawyer, so it seems like, with no good case, they are going after whomever they thinks has money - trying to scare or shame them. Could be something personal going on here, or the landlord is desperate.
One place I rented, for about 3 anniversary dates the landlord demanded a new 12-month lease, then stopped the practice - don't really know why and didn't ask. Guess they want to test your trustworthiness for a spell.
Yeah, the landlord would have a hard time getting a collection agency after him.
Sounds fishy.
06-24-2013, 03:16 PM
Location: west mich
5,739 posts, read
6,948,529 times
Reputation: 2130
Quote:
Originally Posted by
YAZ
Yeah, the landlord would have a hard time getting a collection agency after him.
Sounds fishy.
Yep, the landlord certainly doesn't have the guy's signature. This person may have a harassment case himself, but who knows what's going on there - jeez, they may be "friends" or family for all we know.
07-15-2013, 06:35 PM
Location: South Portland, ME
893 posts, read
1,209,664 times
Reputation: 902
Yeah, the landlord is just desperate and hoping that the person who left (a friend of yours I take it) will be afraid of him filing some kind of claim and just pay.
If he calls again you should tell him to go ahead and try to file a court claim against you with his expired lease. It will likely be the last you hear from him.
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Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)