[gthompson622]

My girlfriend and I signed a lease on a house. Two days later she said that it was over. I said fine and told her to have the landlord take my name off the lease before she moves in. a cuople of days later I contacted the landlord to infor him that I would not be moving in and to take my name off the lease. He informs me that my girlfirend moved in already. Not only did she move in she also moved her husband in(of whom I had no knowledge of) so they both live in a house that I "co-signed" for. I never took possescion off the house,I never moved my things into the house at all. I have been going back and forth with the landlord to take my name off as I feel I signed the lease under false pretenses. The landlord says if I'm still libale and if I break the lease I will be held lible for 6k.I feel that there is fraud going on and my girlfiend moving her husband in (of whom I had no knowledge of) makes the contract null and void.

[smoothy]

Your landlord is right... YOU signed the lease.. its a valid contract... its NOT null and void. Your problem is with HER, not the landlord legally.


You should try and sue HER however... or get a spare key off the landlord and move in yourself too. After all your name is on it...

[gthompson622]

I have no legal leg to stand on even though it's clearly fraud. This is a misrepresentation of the circumtances that went into me signing at least. My name and financial well being can be hijacked that easliy?

[smoothy]

YOU signed a lease with her... the landlord didn't defraud you, he has an legal contract entered into by both of you.

Any legal argument you might have is between you and her. not between you and the landlord.

Like I said... get a spare key from the landlord... move in, and be a total PITA. YOU after all are legally allowed to live there... her husband can't do squat. And she can't evict a co-teneant that's on the lease...

If they change the locks to keep you out... its a wrongful eviction and you have recourse against them.

Id get 10 or 20 big boxes.. fill them up with junk you get at the curb... and "store" your property in the unit.

Another reason it might be wise to bring a suit against her, because your name is till on the unit... she could theortically sue you for half the rent. Like if Hubbty gets laid off.

Not a lot of things you can do to cover your butt, however hold on and others that might have better ideas will answer.

[smoothy]

Also... I really can't see much of a reason why the landlord couldn't effectively have them sign a new lease or an amended version of this one as long as they knew there was no chance of them being screwed in the deal... that is assuming her and her husband were actually willing to sign it.

The landlord has the right to look after their own financial interests... and that is to keep A lease on it... but the reality is they don't have to change anything.

The reason they won't remove your name is #1 it would invalidate the lease... bad for them, and #2. it doubles the possibility a financial setback results in financial loss when someone doesn't pay their rent... bad for them.

You have to present something advantageous to the landlord... and at the very least is just as good, and you would need her cooperation.

[gthompson622]

So if I asked for a spare key. The land lord is required to give it to me right? Since his big harp is possession of the property. I have a right to at least actually possess the property.

[smoothy]

So if i asked for a spare key. the land lord is required to give it to me right? since his big harp is possesion of the property. I have a right to at least actually possess the property.

Yes... just as she does. However the landlord might charge you for the key since she was already given two when she took possession.

You have a copy of the lease... they can't call the cops because you have as much right to be there as her, and more than her husband does.

That might work as leverage to get them to sign if the Landlord is willing to basically transfer it over to a new one...

And if the landlord wants some extra money to do it. (paperwork takes time, and time is money)... then pay it out of your pocket... its worth it to be free of the lease and her.

Of course this is all dependent on the landlord agreeing to do this. They still have TWO names on the lease... and if there is no financial loss or added risk for the landlord... they might be convinced. Maybe even offer the landlord a couple hundred as a sweetner for the pot.

Does the lease have provisions against unlisted guests or people living there? Some do. Something else that could be used in your favor (or pressure her to agree).

You have to be careful and do everything legally... and not be pushed into doing something stupid.

I can see a lot of things that can easily go very wrong, very quick.

[gthompson622]

Yeah the lease only states that she,I,my son and her daughter are to be living there. Thanks I'll do everything legal and by the book. It's really just a bluff anyway to get the landlord to take my name off the lease.

[ScottGem]

I totally agree with everything smoothy has advised. But I have one thing to add. There is a possibility the landlord was in on this scam. If you can prove that you might be able to get out of it.

But you signed a lease, you are responsible for that lease, unless fraud can be proven.

[gthompson622]

Yeah I'm beginning to think that he is in on the scam because what's the angle of keeping me on the lease when you can just simply amend the lease take my name off then everybody is happy. That's why I like the spare key senario more and more. He has to give me one. It's my place.

[ScottGem]

Yeah im beginning to think that he is in on the scam because what's the angle of keeping me on the lease when you can just simply amend the lease take my name off then everybody is happy. that's why i like the spare key senario more and more. he has to give me one. it's my place.

Um as long as you are on the lease, he has protection by another person he can sue for unpaid rent or damages. So it is in his best interests to keep you on.

[gthompson622]

Oh makes sense. I get the feeling the parties invloved have done this scam before.

[gthompson622]

In theory I could in fact sue my ex-friend for fraud and emotional distress right? As this situation has taken a toll on me.

[ScottGem]

I don't know about emotional distress, but you should be able to win a suit to reimburse you for any monetary losses.