Ask Experts Questions for FREE Help !
Ask
    tbattles's Avatar
    tbattles Posts: 7, Reputation: 1
    New Member
     
    #1

    Aug 3, 2012, 02:49 PM
    Do I have to pay restitution if not on lease?
    My husband and I were staying with my mom while in transition, she was evicted, and we were as well since they could prove that we lived there. Are we obligated to pay restitution if we never signed a lease?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Aug 3, 2012, 03:31 PM
    Quote Originally Posted by tbattles View Post
    My husband and I were staying with my mom while in transition, she was evicted, and we were as well since they could prove that we lived there. Are we obligated to pay restitution if we never signed a lease?

    Restitution? Restitution for what?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Aug 3, 2012, 03:32 PM
    Restitution to who, your mom or the landlord.

    The if the lease is between your mom and landlord, if this is a written lease, then it is between her and landlord. If this is verbal, they can argue that you were added verbally as a tenant.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Aug 3, 2012, 03:35 PM
    Quote Originally Posted by Fr_Chuck View Post
    restitution to who, your mom or the landlord.

    The if the lease is between your mom and landlord, if this is a written lease, then it is between her and landlord. If this is verbal, they can argue that you were added verbally as a tennant.

    It's still not restitution.
    tbattles's Avatar
    tbattles Posts: 7, Reputation: 1
    New Member
     
    #5

    Aug 3, 2012, 04:08 PM
    Quote Originally Posted by JudyKayTee View Post
    Restitution? Restitution for what?
    The past due rent that my mother owes them.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #6

    Aug 3, 2012, 04:09 PM
    Quote Originally Posted by tbattles View Post
    the past due rent that my mother owes them.

    That's not restitution. That's past due rent.

    The people who SIGNED the lease owe the past due rent. If you stayed over the time frame of the lease, you can be sued individually.

    You are not legally responsible for rent on someone else's lease.
    tbattles's Avatar
    tbattles Posts: 7, Reputation: 1
    New Member
     
    #7

    Aug 3, 2012, 04:09 PM
    Quote Originally Posted by Fr_Chuck View Post
    restitution to who, your mom or the landlord.

    The if the lease is between your mom and landlord, if this is a written lease, then it is between her and landlord. If this is verbal, they can argue that you were added verbally as a tennant.
    She stayed there for six years, there was a written lease for the first year, and she signed a month to month, about two months before she was evicted.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #8

    Aug 3, 2012, 04:11 PM
    Quote Originally Posted by tbattles View Post
    She stayed there for six years, there was a written lease for the first year, and she signed a month to month, about two months before she was evicted.

    Were you ever on the lease or part of the month-to-month arrangement?
    tbattles's Avatar
    tbattles Posts: 7, Reputation: 1
    New Member
     
    #9

    Aug 3, 2012, 04:13 PM
    Quote Originally Posted by JudyKayTee View Post
    Were you ever on the lease or part of the month-to-month arrangement?
    I was on the first lease, I'm just now finding out and also that she never signed a month to month agreement. (Just got off the phone with her smh) They sent her one and she never signed it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Aug 3, 2012, 04:21 PM
    If you were on the original lease and you never informed the landlord that you were vacating, you might be held responsible for the unpaid rent.
    tbattles's Avatar
    tbattles Posts: 7, Reputation: 1
    New Member
     
    #11

    Aug 3, 2012, 04:23 PM
    Quote Originally Posted by ScottGem View Post
    If you were on the original lease and you never informed the landlord that you were vacating, you might be held responsible for the unpaid rent.
    Can they pursue my husband if he was never on the lease?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #12

    Aug 3, 2012, 04:27 PM
    No
    tbattles's Avatar
    tbattles Posts: 7, Reputation: 1
    New Member
     
    #13

    Aug 3, 2012, 04:28 PM
    Quote Originally Posted by ScottGem View Post
    No
    Thanks a lot :) that makes me feel better
    tbattles's Avatar
    tbattles Posts: 7, Reputation: 1
    New Member
     
    #14

    Aug 3, 2012, 04:29 PM
    Thanks everyone for your input :)

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

What if I can't pay for criminal restitution [ 25 Answers ]

Can't pay restitution

What happens in PA when you can't pay restitution to the court? [ 2 Answers ]

There is no jail time with this. The restitution is about $12,000. Can't pay my bills now and may loss my job.

What do I have to pay in restitution? [ 1 Answers ]

I was charge with forgery $10,000 or less in a criminal cases against me. I found out the my warrant was written out the wrong way and they are more checks involved that they don't have proof that I wrote them. I want to know can my charge can be change under sc law. My warrant has on it Forgery...

What happens if I can't pay restitution? My restitution is $500,000 , 4,200 a month [ 3 Answers ]

I went to court and in court they asked for restitution in the amount of $500,000, in court the judge said no she couldn't grant it, there was no way I could pay that unless I won the lottery. Well I go to jail get my probation papers and the restitution is on there I'm ordered to pay the 500,000...

If I can't pay my restitution in sc what happens to me? [ 1 Answers ]

I don't have the $200.00 this month I was supposed to pay for my restitution. I live in spartanburg sc. Am I going to be put in jail because I can't make the payment?


View more questions Search