This is topic Advice on Rent Collection in forum Film-Yak at Film-Tech Forum ARCHIVE.
To visit this topic, use this URL:
https://ft-forum.com/ft/cgi-bin/ubb/ultimatebb.cgi?ubb=get_topic;f=8;t=000814
Posted by Steven Pickles (Member # 785) on 03-27-2002, 10:49 PM:
I'm in a bind and am curious if anyone has any suggestions for me--legal advice or just what I should/could do about it. The story is quite long but I'll stick to the short end of it.. in August, a buddy and I signed a lease for a place in Gainesville, Florida (both signatures on the lease). In September, after his job would allow him to transfer, he declined to move up and assured me that I would receive his share (50%) of the rent each month. Each month I had to hassle him for the money, and it always makes me feel like the bad guy even though it is his financial obligation as he too signed the lease. I'm waiting on March rent, so I gave him a call on the 12th and he told me he was sending it and that I should have it soon. Now its the 27th and I cannot get in touch with him at all... he doesn't answer his cell phone (caller ID I presume), won't return calls to home (parents home where he resides as well), and the place of business says he is "very busy and will return my call later on." He, of course, does not. I'm contemplating filing a civil claim against him but I don't have the faintest idea WHEN I can legally do that? At the end of the lease in July? I'm in college and am somewhat strapped for money, and my biggest concern is that I won't be able to cover his half for the remainder of the agreement. By July, if no payment is received I will be out $1750.... I have started keeping meticulous records of everything I do to contact him, including phone calls/times. I don't know how much is sufficient, as is a reason I'm opening it to the forum.I've picked some articles from the web, and any advice would be great.
Posted by Paul G. Thompson (Member # 655) on 03-27-2002, 10:53 PM:
I think you got "took". But, who actually signed the lease? That is the party that will be held responsible for payment. Generally, the courts-of-law will not honor a "handshake agreement". This is just my humble opinion. I wish you luck. Hope someone out here has more positive input than I just presented.
Posted by Jerry Chase (Member # 660) on 03-27-2002, 11:09 PM:
Legal AdviceOnly lawyers can legally give legal advice. IMO you are SOL. Unless you had a valid written contract between the two of you, the landlord has the right to collect from either of you. If you don't pay, it will go on your credit report.
Get a roomie to help pay the bills, but be sure you cover bases and are allowed to sub-lease, have a contract with him, etc.
You've learned a lesson. Be very careful what you sign and don't trust the other people to uphold their end of the bargain. Landlords run into this all the time, which is why leases are written to allow garnishment of wages, etc.
Posted by Joe Beres (Member # 678) on 03-27-2002, 11:15 PM:
Steven,
Yours is a difficult situation, and it will be a difficult fight if your roommate continues to refuse rent payment.First and foremost, look for help from someone who knows the laws there. Here in Madison, there is the "tenant resource center" which is a non-profit organization that helps make renters aware of their rights. I would look around and see if there is a similar organization in Gainesville. I would start by looking at your campus. If there is an office, the campus assistance center here, that lists vacant apartments and sublets for students, that would be a good place to start. They should be able to steer you towards the right people or perhaps give you some assistance.
If that leaves you in a dead end, perhaps call the nearest law school, especially if there is one in Gainesville. Sometimes, law schools will have their students offer legal consultation for free to get 'real world' experience. At least that is advice I have heard before.
In the meantime, keep trying to reach your roommate and/or his parents. Have you informed your landlord of the situation? If not, do so right away. If the company is simpathetic, they may offer some advice or offer to start contacting the other lessor. I'm sure laws can vary a great deal from state to state, but I would guess that you will both be held legally respoonsible for any unpaid rent. It's good that you are keeping records of everything. Continue to do so. If you are paying the rent with a check, make sure to keep copies. If not, make sure that you get a receipt for the payment. With all of your records, you will have proof of his default if things ever progress as far as court or any legal proceedings.
Best of luck to you. I hope you can keep from getting ripped off, but it won't be easy. Let us know how things pan out.
Posted by Paul G. Thompson (Member # 655) on 03-27-2002, 11:58 PM:
Jerry gave you some good advice. So did Joe. It is a live-and-learn world, unfortunately. Now it is up to you to gather the pieces and get back on track.I, too, have learned from the school of "Hard Knocks" right along with practically everybody else in this world.
40 years ago, it was morally accepted to honor a handshake agreement. Not today. You must keep your butt covered at all times. It really sucks. But that is just the way it is.......
Posted by Dave Williams (Member # 299) on 03-28-2002, 03:00 AM:
I think he said they both signed the lease. Either way, its SOL for you. I got took for a ton by my own brother, but we are still buds, even though we don't trust each other. We decided our friendship as brothers was more important than the money I lost, and the damage to my credit. I just refuse to help anyone anymore, period. It just leads to disaster. Take your case to www.judgejoebrown.com and get on his show. He will call this damn fool pitiful, give you your money, and yell a lot.
dave