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Home > Law > Real Estate Law   »   named on eviction note, but dont live there anymore

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Old Feb 1, 2008, 11:53 AM
jojo55
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named on eviction note, but dont live there anymore

My sister met a guy last year and moved in with him in his apartment.
The apartment complex required that her name would be added to the lease.

6 months ago they broke up. She moved out, got her own apartment. He still lives there.

Now we just found out that he is getting evicted from the apartment for not paying the rent.
But my sister is also named on the eviction notice.

Our concern is, first that we heard an eviction will be noted on the credit report creating problems for her in the future. Is there anything that could be done to have her name removed from the eviction papers?
I mean technically she can't be evicted anyway since she don't live there.
Anything we can/should do about this?

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Old Feb 1, 2008, 11:59 AM   #2  
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You mentioned eviction notice; is this from the landlord or a court? She should notify the landlord that she has moved. If the notice is from a court, she may need to answer if it is also a claim for past due rent. She can reply to the credit report.
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Old Feb 1, 2008, 12:05 PM   #3  
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She signed the lease whihc assumed responsibility for the rent. When she moved out, she should have notified the landlord and had herself taken off the lease. Apparently she didn't so she is responsible until the end of the lease she signed.

she can ask the landlord to remove her. She can show up at the hearing and offer proof she moved. But since she signed the lease I think she will be held responsible.
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Old Feb 1, 2008, 12:12 PM   #4  
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As far as we know this is only for eviction. I'm aware that a claim for past due rent will likely follow though.
We have not actually seen the notice. Her Ex left a message on her voice mail saying he is getting evicted. However, they don't really talk anymore and if they do he usually lies so we are not 100% sure what is going on.
She called the landlord. They are aware that she has moved out. Still the papers have been filled with her name too.

I checked the website for our county clerk of courts and the case is listed there 01/28/2008 CMPL COMPLAINT FILED COURTHOUSE
listing her and her Ex as the defendants.
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Old Feb 1, 2008, 12:19 PM   #5  
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Get something in writing from the landlord acknowledging they were aware she moved out and when.

Then go to the hearing and ask that your sister's name be removed from the action because she had moved out prior to the action being started with the knowledge of the landlords.
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