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teacher1st · Feb 23, 2009, 10:18 AM

My name was on an apartment lease (I signed, along with my son) for a lease period of one year. After a year, my son remained in the apartment and paid the rent himself. I now live in another city.

After the one-year period of the lease is up, unless I (or my son) signed another lease, isn't the original lease no longer in effect? I did not sign another lease agreement; however, my son began leasing month by month, as agreed upon by the apartment manager.

Thank you.

wilson_sl · Feb 23, 2009, 10:37 AM

Even though another lease was not signed, you in essence enter into a month-to-month lease agreement when you continue to stay. Unless you submitted written notice that you would be leaving and did so 30 days before your arrival, your name is still attached to that month to month lease.

teacher1st · Feb 24, 2009, 09:27 AM

Originally Posted by wilson_sl

Even though another lease was not signed, you in essence enter into a month-to-month lease agreement when you continue to stay. unless you submitted written notice that you would be leaving and did so 30 days before your arrival, your name is still attached to that month to month lease.

Thank you very much for your response to my question, wilson_sl. What is your source of information? Are you an attorney? The reason I am asking, is because I have a feeling I may have to fight this; and, although I may have to consult an attorney, I want to have my facts straight. I have tried researching this online, but have been unsuccessful so far, locating an answer specifically related to my issue.

Again, thank you for your time, and for your assistance.

Respectfully yours,

teacher1st
:)

LisaB4657 · Feb 24, 2009, 09:55 AM

Wilson_sl's answer is correct. However I would like to add that you should carefully read the original lease. Some leases contain automatic renewals. If that's the case here then you would be committed to another full term unless you gave the proper written notice prior to the expiration of the original lease.

If the agreement between your son and the apt. manager (for a month-to-month term) is in writing then you are merely committed on a monthly basis, as Wilson_sl said. If the agreement is not in writing and the original lease contained an automatic renewal then you are committed for a full year.

ballengerb1 · Feb 24, 2009, 10:01 AM

You say you may have to fight this, can you explain what it is that needs to be fought? Did you son default on the rent or some other issue?

teacher1st · Feb 25, 2009, 08:52 AM

Yes. Unfortunately. :( I had no idea that he was 3 months behind in his rent payments until I called to double-check that he had, in fact, moved out. (He moved in with 3 other friends). The manager had just turned it in to a collections agency the day before I called. Just my luck. :( So, now---since my name is on the original lease---(I had to co-sign for him) my credit will be negatively affected by this. Needless to say, I am not a happy camper.

ballengerb1 · Feb 25, 2009, 09:03 AM

Sadly, the only person out of line here is your son. The landlord appears to have acted within the law and you are on the hook for the rent. Where does you son stand in all this, isn't he willing to step up to the plate and save you the trouble? Not that I recommend this action but you could sue him in small claims but families seldom go that route.

ScottGem · Feb 25, 2009, 09:20 AM

Generally, when a lease expires and is continued on a month to month basis, then the terms of the original lease, except for rent and term, remain in effect. So the fact that you co-signed on the original lease would leave you on the periodic extension making you responsible for the unpaid rental.

I would not fight this, I would pay it and then let your son pay you back as he can.

teacher1st · Feb 25, 2009, 01:02 PM

Originally Posted by ballengerb1

Sadly, the only person out of line here is your son. The landlord appears to have acted within the law and you are on the hook for the rent. Where does you son stand in all this, isn't he willing to step up to the plate and save you the trouble? Not that I recommend this action but you could sue him in small claims but families seldom go that route.

Thank you, ballengerb1. My son absolutely cannot afford to pay the $1,700 he owes the apt. complex for his back rent. But, sadly, neither can I. I am a teacher and on my own--divorced. I simply do not have the extra $1,700 right now. :( Otherwise, I would be happy to pay it---simply to have my credit record cleared! But, you are correct when you say that the apt. manager acted within the law. She made several attempts to contact my son before taking action. He simply ignored her calls. It's complicated. Thanks again for taking the time to help me. teacher1st.