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Niceguy777

signed a lease for a friend

2 posts in this topic

hi. i entered into a lease for a childhood friend who moved to my area from another state after being away for 10 years.

i did so because my friend didn't have an income yet, no job, having only as aforesaid recently moved to my area, although he is highly employable.

i didn't prepare a sublease from me to him, i don't have any documents indicating in writing that he's essentially my roommate-a sublessee.

i didn't prepare this document because i had no intention of moving in.

now, the landlord has called me & even showed up to my job saying that the rent hasn't been paid.

i came clean and let the landlord know that i subleased the rental to a childhood friend.

the landlord said that the sublessee my childhood friend must move and that he has applied the security deposit to August 2010's unpaid rent and that any day from September 1st to the eviction date of this sublessee, I will be responsible for paying the prorated rent.

what are my options. after i prepare a 30 day notice and send it certified mail return receipt. should i verify when those 30 days are up, if this sublessee is still there, and if so, should i show this 30 day notice to the police after I call them on that 30th day (if sublessee is still there),

I live in california, how long will the police give this sublessee if he's still occupying the premises after that 30th day?

will I have to get a court date by appearing in court.

i don't want to have an eviction show up on my credit report when I myself will be looking for an apartment.

what are the chances that this landlord can successfully garnishee my wages if he wins by sueing me for my share of the unpaid rent?

the landlord isn't a government entity or a spouse with child custody so i'd imagine it would be more difficult for him to be able to garnishee my wages.

please answer each and every question and reply to me as soon as possible. thank you.

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In future, please use proper capitalization.

Why you signed a lease for the friend isn't relevant.

"i didn't prepare a sublease from me to him, i don't have any documents indicating in writing that he's essentially my roommate-a sublessee."

This is a bit garbled, but he ain't your "roommate" if you don't live there. :)

The friend doesn't HAVE to move and landlord isn't really in a position to unilaterally terminate the lease esp. given it applied the deposit to rent due (stupid on its part, but never mind).

Of COURSE you're responsible for the rent regardless.

Your "question" about verifying that your friend has left is a bit odd, and it's unclear whether you've gotten something in writing from the landlord about whether (if this is a long-term lease) it intends to cough up a release of your obligations under the lease if you do X-Y-Z.

Not clear why you'd discuss showing some notice to the police, since the police cannot force the subtenant/friend to leave.

It's fairly clear that you haven't bothered reading up about your state's landlord-tenant law, and you should do so. Yes, if the deal with the friend is that it's a month-to-month arrangement vs. the term of the lease with your landlord, you'd have to file an eviction action if he refuses to leave after being given proper notice.

"i don't want to have an eviction show up on my credit report when I myself will be looking for an apartment."

Then make sure you fulfill the obligations under the lease (again, landlord isn't in a position to evict/terminate the lease based on what you've posted so far).

"what are the chances that this landlord can successfully garnishee my wages if he wins by sueing me for my share of the unpaid rent? "

Not sure what you mean by "my share of the unpaid rent". YOU are the tenant on the lease. :) Don't ask strangers to guess about the landlord's chances of getting a garnishment if you owe money and it gets a judgment. You can presume the chances are pretty good.

"the landlord isn't a government entity or a spouse with child custody so i'd imagine it would be more difficult for him to be able to garnishee my wages."

Huh? Not sure what you think this has to do with it.

"please answer each and every question and reply to me as soon as possible."

Uhm, no reason to think someone won't answer your questions, but this is a bit over the top. Folks here aren't obligated to respond to any post, let alone within a particular time frame. It's a message board for crying out loud. :)

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