Found an issue on this page? Let us know and we will look into it as soon as possible.
Can the landlord sue me (tenant) for back-rent & eviction costs if I left it to a friend/occupant (8 years ago) who got evicted?
Anonymous3 views3 answers
I had an annual auto-renewing lease in an apartment 8 years ago in college. I left the state to get a job else where and haven't resided in the Maryland since (I have proof of residence elsewhere). I left it to Friend-1 ("BestFriend") who then left it to his room-mate ("JoeSchmo") and listed him as an occupant on the lease. Myself and "BestFriend" were the signatories/lessees.
The land-lord has check-stubs/rent-payment issued by "JoeSchmo". A few years later, "JoeSchmo" failed to pay rent, landlord initiated eviction proceedings and evicted him. Now landlord is coming after me to pay $10,000+ in unpaid rent and eviction costs since "BestFriend" has since left the country and "JoeSchmo" is nowhere to be found.
Besides finding "JoeSchmo" or settling, do I have any recourse?
My first question is whether or not you ever terminated the lease? Next, were there any agreements signed between either you and the other tenants or the landlord and the other tenants? If the auto-renewal clause was valid (it is subject to certain standards in Maryland), then it is possible that you are liable for the debt as it is technically your lease. However, this would depend on the language of the documents. The other red flag I see here is the time period - the landlord has a three-year statute of limitations from the time of the breach of contract to sue, so it is significant when the lease was broken.
There are specific rules applicable to automatic lease renewals for certain terms. So, as already pointed out, you may want to determine if the automatic renewal provision is valid and enforceable. You say the landlord is coming after you - have you been sued? Or do you mean the landlord has sent you a collection letter? If what you mean by "left" the rental premises to Best Friend and he then "left" the rental premises to Joe Schmo is that you allowed them to move in and take over the payments without getting the landlord's written consent to assign the lease and be released from liability, you are likely still on the hook.
George Michael WolfeCriminal Defense AttorneyColumbus, OH ·
Yes, they "can" sue you, but it doesn't mean they win the case. If suit is filed, you file a third party claim against the other defaulting parties, whether they left the country or not, and try to collect from them. An experienced real estate attorney is going to be required to deal with this problem, preferably before suit is filed.
