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Common Law Lease Law

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  • Common Law Lease Law

    If girl didn't sign a lease, but lived somewhere for ~6 months, is there some type of common law lease law?

    minimum details to prevent bias: girl moved into a place, didn't sign a lease, roommate had two live in dogs, upon moving out, roommate is trying to hold girl liable for security deposit and charges (~$650)

    is girl liable?

    for clarification two characters: Roommate v Girl

    GO!

  • #2
    Re: Common Law Lease Law

    I'm no lawyer, but you don't collect the security deposit at the time of move out. That doesn't make any sense. If I am the girl, there is no way I pay a security deposit at this point. Unless the girl caused some damage, and she is trying to skip out on paying and leaving the roommate high and dry. Then that is just classless.

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    • #3
      Re: Common Law Lease Law

      [img width=416 height=600]http://media.lawrence.com/img/photos/2011/01/15/ku_bkc_neb_11_t640.jpg?a6ea3ebd4438a44b86d2e9c39ec f7613005fe067[/img]

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      • #4
        Re: Common Law Lease Law

        Roommate had live in dogs that damaged carpet in girl's room, prior to girl moving in...girl took the place of roommate 2 mid lease, but didn't ever sign a lease

        Girl recently checked her credit report and the liability is outstanding on her report...apparently roommate provided creditors with girl's info

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        • #5
          Re: Common Law Lease Law

          Is there a sink involved in this somehow? TIA

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          • #6
            Common Law Lease Law

            [quote author=kcjhawks4 link=topic=3230.msg36989#msg36989 date=1295366061]
            Is there a sink involved in this somehow? TIA
            [/quote]

            No, but there is a cat who peed all over the carpet involved.

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            • #7
              Re: Common Law Lease Law

              Haha, your bias is showing

              Roommate in question had inside dogs that did their business in the house

              she kept pee pads in her bedroom and there was literally $hit in her bedroom on her floor on a regular basis...I'd put my money on the dogs being more likely to be the ones peeing in the house over a cat that's used a litter box for 13 years and has not had any issues peeing outside it since the split

              no doubt girl should be responsible for her share of the cleanup costs, which should be split three ways simply because there were three people living there over the life of the lease...

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              • #8
                Re: Common Law Lease Law

                If she isn't on the lease, the agreement is solely between the room mate and the property owner, yes?

                Did the girl 'buy out' the former room mate? Meaning, did she reimburse the past occupant their portion of the security deposit?

                The thing about this story that is fishy is the fact that this is showing up on her credit report. If he added her to the lease without her signature, then there isn't any way she should be held accountable. Furthermore, I doubt the 'room mate' wants to go to court and admit that he filed falsified paperwork. Admitting to fraud isn't likely to go over well with the judge.

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                • #9
                  Re: Common Law Lease Law

                  Well, the girl was told by the creditors that roommate turned over girl's info

                  they checked the lease and she is, in fact, not on the lease...case should be closed

                  however, the previous renter prior to girl IS on the lease and supposedly hasn't been contacted

                  THAT SAID....I really only started this thread to see if anyone had any knowledge of potential "common law" rules...where as, if she acted like she was on a lease for a certain amount of time, she'd be held to the lease

                  wasn't trying to get into details and did not intend to make it personal

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                  • #10
                    Re: Common Law Lease Law

                    [quote author=Joe Norris link=topic=3230.msg37030#msg37030 date=1295378331]
                    Well, the girl was told by the creditors that roommate turned over girl's info

                    they checked the lease and she is, in fact, not on the lease...case should be closed

                    however, the previous renter prior to girl IS on the lease and supposedly hasn't been contacted

                    THAT SAID....I really only started this thread to see if anyone had any knowledge of potential "common law" rules...where as, if she acted like she was on a lease for a certain amount of time, she'd be held to the lease

                    wasn't trying to get into details and did not intend to make it personal
                    [/quote]

                    Oh I gotcha. I'd say that she tried to mitigate damages and if push comes to shove, the primary occupant was at the heart of the damages anyway. If he wants to take her to court, then the burden of proof is on him.

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                    • #11
                      Re: Common Law Lease Law

                      Yeah, when all this went down, I think the landlady realized that she screwed the pooch not having the girl sign a lease and tried to withhold mail from girl until she signed the lease (this was after roommate gave one month moveout notice)...girl told the landlady that this was a federal offense and that she needed to give her the mail

                      surprised that landlady didn't decide to cut her losses and let it go...but she seems to be schockingly persistent as this went down in january/february last year

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