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Splitting rent the other person had trouble paying is half he cut out i payed my monthly rent. served with 45 day notice. .

Kaneohe, HI |

found out that other tenant owed landlord money and signed a promissory note to pay his bill. so he didn't pay ll. that same month Ll tells me to look for another roommate so that I don't have to move. next month I tell LL i haven 't found anyone yet I'm still interviewing I find someone on the 23rd LL says no she wants me out at the end of the month Novmber and threatens me with legal action. . . .In mid December a 5 day notice to vacate, and says she will sue me as a hold over tenant. She calls my work to tell them i not paying the rent i haven't payed for Oct, Nov and That month of december. payed for Oct she said 2 save Nov..Questionv Is The original contract with my 1st roommate hold me to contract if their was a new agreement when 2nd rate moved in. with LL acknowledgment

Attorney Answers 2

Posted

You have not provided enough specific information, nor do I understand your concern. Please see and attorney with copies of all the documents that you described. It might work for you to write out your concern and have someone edit it for grammar and punctuation in order to make it understandable. The bottom line is that the rent is owed to the landlord and you have to figure out who owes how much.

In addition to real estate law in the State of Hawaii, I also practice federal bankruptcy law. If my answers relate to a bankruptcy question, the following statement applies. "As a debt relief agency, we also help people file for bankruptcy relief under the Bankruptcy Code, including federally supervised repayment plans under Chapter 11, Chapter 12 (farmers and fishers) and Chapter 13."

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Posted

is the original leased was for 6 mo then mo. to mo. it was broken after 2 months because 1. r.mate left. 2nd roommate and I signed a valid contract from the L.Lord stayed for 2yrs. The landlord presented as evidence the 1st lease agreement as a contract, in court against me.because she couldn't find the new lease or most current. I ve payed for the rent ( my part) she wants me to pay for the other side rent because it was vacant i have to pay for the whole rent and she wants hold over and attorney fees

Asker

Posted

1400.00 x 3 (x2)=8400 8400- 2100( i payed )=6,300 + attorney fees. I was never late paying rent for entire time!

Asker

Posted

Do i have a affirmative defense with contract situation. i just want out I feel she misled me and then harassed me. bcuz LL is mad at other tenant who still hasn't paid them( LL )

Posted

If you have a rental agreement, you are bound by its terms. If it is a standard agreement, the landlord can give you 45 days notice of termination without any specific reason and a 5 day notice for failure to pay rent. No one will force you to move out until court action is taken by the landlord. However, then you may be liable for the landlord's attorney's fees and court costs.

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