Help! Being Sued for Breaking Lease....

[eva05]

Hi Everyone! I have been reading these boards and cannot believe how much information is here, this is great! Now, I need your advice. I am in a pretty stinky situation here.

I live in Illinois. When I moved out to this area 2 years ago, I signed a 2 year lease paying $1250 a month. I thought that it was a good deal because it had a lot of amenities. Well about a year into the lease, I started getting to know my neighbors and we started talking about rent, etc. and I come to find out that the average rate of rent in this area for what I was renting was between $900-1050. I couldn't believe it! Here I was paying this extreme amount of rent, but knew that I still had a year left on my lease. I mentioned it to my landlord, who told me that it was not unreasonable for that area. But I've done my research on this and it IS unreasonable. After bringing it up, I noticed that when we needed things to be fixed around the house, for example my ceiling was falling down, my dishwasher was broken, and my drier broke down-it took months to fix.

As the end of my lease agreement approached in March, I told my landlord that I could not afford to live there and it was a lot of money for me to pay every month. I asked if we could extend the lease until June because I have a daughter that's in school and didn't want to have to pull her out to transfer her in the middle of the school year. They agreed. I was told that I had to sign some sort of lease because the "association" would need something on record otherwise they would get fined. At first I was told it could be a 3 month lease and I agreed to that, but when it was presented to me in mid-April it was a yearly lease that was typed up. The wife told me again, they needed something on record for the association and that as long as I gave them notice I could move out. During that conversation, she asked me at least 3 times when I was moving. I had no idea at the time. Also, my husband who is the sole bread winner of the family was not at home at the time and she knew he would not be there that morning because she had called the night before and never mentioned anything about signing a new lease to him-AND he told her that he wouldn't be home in the morning, so to come and pick up the rent after 10 am, which is when I get home. So, after working 3 12 hour shifts and being dead tired, I quickly scanned the lease and signed my name. I only signed my name, not my husbands. I knew then that I screwed myself. I didn't see a clause in there about me being able to abandon the lease like she said I would be able to. I didn't question it either. (I know, I know...)

So, after getting some sleep and being able to function again, I read her lease. She stated that rent would be due on the 1st of the month, if not received on the 1st then it would be a $50 late fee and if not received by the 4th of the month then it would be $25 per day until it was received. I almost had a heart attack. Now, she picks up the rent. It is not mailed. They call usually around the 4th of the month to come by and pick it up, and have waited as long as the 10th to call me to pick up the rent, but will in turn charge ME the fee for being late after the 1st. I have NEVER had this couple's address. It was never listed on either of my leases I signed with them. I could not send them any type of certified letters, etc. because all I have is a phone number.

Now, here's the hairy part. I found a place at the end of April. I did try to contact her by phone maybe twice, but did not speak with her. She has no answering machine, and dial up internet access. So, I moved on May 13th without notifying her of my move. I moved just across the parking lot to a different until paying $850 a month. She came by the vacated last Sunday and was suprised I'm sure to see that it was empty. So, she left me a note on the door that said, "the locks have been changed, no trespassing. Thanks for being considerate after all we've done for you, we will be filing papers on Monday for damages, cleaning, and no notice to break lease". There were still some items left in the garage and I could not get them, so my husband ended up calling the police to be escorted over to the unit to retrieve the rest of our belongings from the garage and was able to do so. (They were there cleaning the unit).

So, this morning bright and early at 7:15 am, the good ol' sheriff shows up at the door with a summons for me to appear on May 31st at 9 am. She's suing me for $4500 dollars, + fees. I am baffled at how she arrived at that figure, considering that she did not return my security of $1350. I didn't ask for it back because I knew that I was not going to pay May's rent-and I wasn't going to be there a full month. We couldn't afford to pay her ANYMORE. She knew that. So, now I have to try and find out if there is any way I can get out of this jam.

Let's recap (lol) I tried to contact her, but was unsuccessful. I never had an address to send her notice in writing. I have signed this lease without my husband AND he is the sole bread winner for the family. I work part time. His name was not included on the lease as a tenant occupying the until as well. The suit is just against me, and not him. Do I have case here, or should I just let this go and have the judgement placed. I don't have enough time before Monday to file for bankruptcy, which I looked at as an option. My income is minimal, but I do have car. That's my only asset.

Any advise would be greatly appreciated!

[willingtocope]

I'm not a lawyer so I can't really advise you, but here's what I'd suggest. First, since you've been summoned...show up. Hopefully you'll get to tell your side of the story to the judge. And, if the suit is just against you and you have no assets, then even if they win, you may be judgement proof.

Also, is there a Fair Housing Authority in your area? Maybe there's a tenant advocate you can talk with...

[impudence]

First things first ALWAYS read before you sign. I'm sure you have now learned your lesson on that. As for the suit against you ... you are not in a good position. You signed a lease for an additional year and you did not give notice that you were moving out. I doubt if any court will side with you on this. The illinois statutes state that you are liable for the rent on the apartment until she rents it or the lease is up which ever is sooner (which by my calc is as much as $11,250).

The only chance you have is depending on the break down of what she is suing for. If you left the apartment clean and without damage, and she is suing for that I would fight back. If however you left the apartment unclean and or damaged, I would just buck up and pay.

My advice is just that advice, I am not your lawyer. Before making any decisions I recommend that you seek out and speak to a competent landlord tenant lawyer.

[KentWA]

A lot of this is going to depend on what state you live in. But locking you out without notice even if the apartment looked empty is usually a major violation of tenant landlord laws. In some states that will acrue major fines.

[ms6073]

What ever happened to going month-to-month once a lease expires? So lets start with what state you live in (Texas would be really good)?

First of all, most states have statutes that specifically enumerate tenants and landlords rights. In most states, a valid lease is required to contain at a minimm a mailing address and phone number where the tenants can contact the landlord in case of emergencies.

Next, in most every state regardless of the circumstances, the landlord is required to provide the former tenants with a written, itemized accounting of the disposition of all money's that were used to secure the lease. In most (not all) cases, regardless of the tenants actions short of criminal negligence, failure of the landlord to provide the written, itemized accounting within a timely manner means that the landlord forfiets all claims to any damages that may be claimed. Being advised in a summons for a lawsuit does not sound like a written, itemized accounting of the funds that changed hands at the inception of the lease.

Also, typically the same statutes allow tenants to countersue for upto 3-times the outstanding amounts. For example if you paid a security desposit of $1250 and did not recieve the itemized accounting of what happened to that deposit, in most states (not all) you can sue the landlord for up to $3750 plus attorneys fees! Unfortunatley in many states this goes both ways as even though the landlord took advantage of you by enticing you to sign a new lease, you still broke that lease without proper notice for which the landlord has chosen to take action.

First a review of your states statutes governing landlord and tenants rigths is in order and a formal complaint to your state attorney general is also in order! Your former landlord is using a 'shock and awe" campaign to try and coerce/scare you into coughing up more money. At this point, unless you want to undertake a crash course in 'pro se' legal representation, you should seek the counsel of a suitable attorney within the next day or two!

[eva05]

First, thank you all so much for your advice! It is greatly appreciated! Ms6073, that is the information I was looking for! You are absolutely right, she did not provide me with the break down of my security deposit, but rather a summons! I have no idea how she arrived at the $4500 she's suing me for and considering that deposit was $1350, I should have received some type of correspondence as to how my security deposit was used. I think I see some loop holes here. Anyone have any idea if I can reschedule this summons date and get more time to work on this?

Again, everyone-thank you so much!

[impudence]

While MS6073's advice is generally correct, you have made some serious mistakes in your handling of this, which may negate any and all of yuor defenses. For this reason and others I strongly advice you to go to a lawyer.

Since you may not be able to afford one try calling the illinois tenant union, they are a not for profit that can give you some advice and help. (773) 478-1133 http://www.tenant.org/

[eva05]

Impudence, thanks for the info. I will be calling them tomorrow. I am waiting to hear back from some lawyers that I've contacted!