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    Bluesees01's Avatar
    Bluesees01 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 29, 2009, 12:33 PM
    Name not on eviction notice
    Hi everyone.This is my first time using this site.This question pertains to South Carolina real estate law,specifically tentant landlord law. Me and my friend both signed a lease to rent an apartment in October 2007. I realized my friend was stealing from me so I informed my landlord of the cohabitation issues and asked for a lease release for myself. They handed me one and told me my friend has to sign it and if my friend does I can bring it back and I am not longer responsible. I signed it and got my friend to sign it and handed it back it.They put it in my folder and all was taken care of and I moved out not even three weeks after moving in. My friend stayed and chose not to pay rent I guess. On Saturday, a year and a half later, a creditor contacted me and told me I owe $2079!! It is for back rent and fees. I called the apartment complex and told them the situation and they claimed I never had a lease release and I can't prove them wrong because I never got a copy!I started asking for hard copies of paperwork they filed and they claim they are going to have to "track it down" because it isn't in their possession. I decided to call the local magistrate courts and ask if the eviction was filed against me AND my friend or JUST my friend. The eviction was filed ONLY AGAINST MY FRIEND.My name is nowhere on it.So, do you think I can be held responsible since technically and legally I was NEVER informed of the eviction and back rent? Thank you so much for reading this and your help?
    jenniepepsi's Avatar
    jenniepepsi Posts: 4,042, Reputation: 533
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    #2

    Jun 29, 2009, 12:36 PM

    My first thought would be GET A LAWYER

    And your lawyer can get a supbena for the paperwork. (I didn't spell that right sorry)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 29, 2009, 04:42 PM

    First, you NEVER sign anything without keeping a copy for yourself.

    Second, since your name is not on the eviction notice then you are not responsible. But you need to get a copy of that so, if they add your name you can show it was done afterwards. And that the fact that the original notice did not include you is indication they they had released you.

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