[dilydaly]

Me and my girlfriend had a lease together I lived there for 17 months. After the lease was up we became month to month but the last two months became hard for me and I could not pay and got eveicted.

Even though my girlfriend never lived at the apt we are both on the lease (I was in Florida and she found the place for me) but my landlord is is calling her and threating to garnish her wages.

This is very upsetting to me for I am on temperary assistance and can not help and don't want to leave her holding the bag.

I would also like to add that the lease ended in Aug 06 and me and the landlord were month to month no my GF but the landlord is going after my Girlfriend can she do this?

How long does it take for a garnishment and will they go after her fpr the whole amount or half? Also what steps can we take before this happens. I've been out of this apt since Jan 1 2008. THe court date for eveiction was 12/6/07

PLEASE HELP VERY WORRIED

Dd

[JudyKayTee]

[QUOTE=dilydaly]Me and my girlfriend had a lease together I lived there for 17 months. After the lease was up we became month to month but the last two months became hard for me and I could not pay and got evicted.

Even though my girlfriend never lived at the apt we are both on the lease (I was in Florida and she found the place for me) but my landlord is is calling her and threating to garnish her wages.

This is very upsetting to me for I am on temporary assistance and can not help and don't want to leave her holding the bag.

I would also like to add that the lease ended in Aug 06 and me and the landlord were month to month no my GF but the landlord is going after my Girlfriend can she do this?

How long does it take for a garnishment and will they go after her fpr the whole amount or half? Also what steps can we take before this happens. I've been out of this apt since Jan 1 2008. THe court date for eveiction was 12/6/07


As I understand you and your girlfriend both signed a lease for a year and then converted that to a month-to-month tenancy under the same terms - which means she is still part of the (now oral month-to-month) lease. You probably could make an argument that the terms of the lease were changed when you went from a year to month-to-month, that her name was removed, but I don't know if you did and you would have to prove it.

And, yes, a lease is a contract - she signed and it was converted and she's responsible whether she lived there or not. The landlord can pursue either or both of you for payment.

The landlord would now have to pursue a Judgment against both of you in Small Claims Court - and you will be served with the legal papers - and then there will be steps before it turns into a garnishment. (And, as I said, the landlord will go after both of you for the entire amount and collect the entire amount - but no more - from whichever one of you he/she can because it's a joint debt.)

[dilydaly]

Thank you JUDY. All I have is a text message from my landlord to my girlfriend saying "I know you never lived there " I'm am going to get the final judgement from the court tomorrow because she thinks we owe her January rent also because she count not get a tenant that month!! I was out out on new years day...

This in a nutshell is what kind of person I'm dealing with!

As far as the month to month it was verbal I told her it would just be me which is why the text message came about to my girl frind

[JudyKayTee]

Thank you JUDY. All i have is a text message from my landlord to my girlfriend saying "I know you never lived there " im am going to get the final judgement from the court tomorrow because she thinks we owe her January rent also because she count not get a tennant that month!!!!!!!!! I was out out on new years day.....

This in a nutshell is what kind of person im dealing with!

As far as the month to month it was verbal I told her it would just be me which is why the text message came about to my girl frind

Right - but you do understand the "you never lived there" part does not change the signatures on the Lease. However, the month-to-month for just you does change things and remove your GF from the picture.

Now it's up to the Court to decide, including the January rent -

Keep us informed, OK?

[dilydaly]

Thank you Judy I'm going to go see my lawyer tomorrow. I'm not a dead beat I just don't my GF to take the hit let it be me. Once I find work ill pay her back but now she is pushing stealing my 1500$ security deposit and now trting to throw Jan rent in it too when the judge ordered me out by the end of Dec.

I will keep you informed