Our landlord is divorced. The townhouse we live in is a property her and her ex own. Our lease states we pay her $X amount each month, simple.
Well tonight her ex husband came knocking on the door, told us that we now need to write him a check for half of the rent because his name is on the lease (which it is not) and because she isn't giving him any of the rent money. He also said that if we do not comply he will evict us.
How can you evict us when you aren't on our lease? And I'm sorry funny man, but I'm not paying you any money unless I have a written agreement.
Soooo I wrote our stupid landlady this lovely email...
Well tonight her ex husband came knocking on the door, told us that we now need to write him a check for half of the rent because his name is on the lease (which it is not) and because she isn't giving him any of the rent money. He also said that if we do not comply he will evict us.
How can you evict us when you aren't on our lease? And I'm sorry funny man, but I'm not paying you any money unless I have a written agreement.
Soooo I wrote our stupid landlady this lovely email...
Hi Beezy,
I just wanted to let you know that this evening Your Douchebag Ex came by and spoke to Josh about our rent payments. He told Josh that from here on out we need to be writing two checks for rent, one to you, and one to him.
He said that if he is not given a check we will be evicted because he is on the lease. He was very nice about the situation and suggested that Josh, Stephanie, and I all meet with him when we can.
Here is the issue, his name is not on our lease, therefore we do not feel comfortable paying him, nor do we believe that we are legally required to do so.
It would be a major inconvenience to have to split the rent evenly into two checks when all three of us pay a different amount, and we are already writing one single check to you.
If he is to be paid half of the rent and we are going to be required to write him a check as well, we would need a new lease with this agreement in writing, otherwise we will continue to pay you for rent with one check every month.
Please let me know how we should proceed from here on out, and if you can mediate. I don't really feel that it should be our responsibility to deal with him - or the financial situation between the two of you.
Thanks,
Katie
Sooo aggravated!! Do any of you know much about this kind of thing? We aren't obligated to pay him too just because he owns the house with her, right??
UGH!!
UGH!!
-Katie
10 comments:
You are NOT legally required to write a check to him or give him any money. If he's not stated anywhere on the lease then that's too bad for him. You signed an agreement that said they owned the property and that the checks were to be made out to the crazy lady.
If they give you grief, threaten to seek legal counsel. That'll do it. PS: I had no idea you had a 3rd roommate!
I have no idea but it doesn't sound right at all. Try getting in touch with the rent board in your area and they can give you good legal advice. Good luck!
I saw on Suze Orman a girl that had to pay her rent in cash and it was legal. I'll tweet her and ask her.
I don't know legalities but it doesn't seem to me that you need to pay him. You did the right thing emailing her and telling her that if that is the case that you need a new lease stating it.
Good luck girl. What a bunch of B.S.
It doesnt sound right to me either! it sounds like he maybe had a falling out with his ex wife & is just trying to piss everyone else off. lol & ya'll shouldnt have anything to do with their issues.
I hope everything gets resolved though and that he settles things with the ex! yikes!
I really doubt you have to pay him anything if he isn't on the lease, but then again CA has some pretty weird rules when it comes to this sort of thing. I say seek professional help if she doesn't get this in hand. And get it soon!
If he is not on the lease you do not pay him. Unfortunately, you do not know what kind of arrangement the two of them have and it was wise of you to put it back on her. She can most likely get sued for misrepresentation of some kind for not properly disclosing ownership of the condo or stipulations that may or may not be in place in the event her ex is truly on the deed of trust.I think he is trying to stir up the crap and who knows why he is doing it. If you do have a legal thing available for renters, contact them and see what they say.
1. I am relatively certain you do not have to pay him if he is not the party you contracted with. The burden in on "the crazy lady" to prove she had the legal right to enter in to a contact with you.
2. How long have you been paying rent with one check and has the ex-husband know about it for any substantive period? The status quo is very binding in contractual law.
3.Are you certain he is co-owner? I can't speak for CA but as a divorced person in MI I know property is to be divided at the time of a divorce.
Very dramatic. I don't really know whether you have to pay him or not. I would think not since he's not on the lease.
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It sounds to me like you have it exactly right and the letter you wrote was perfect. He had a lot of nerve showing up at your house and demanding money! I hope that it all gets worked out.
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