Civil lawsuit question?

My boyfriend and I were released from an apartment lease this summer… basically we found out one of our roommates was doing heroin, ALL the time, in the apartment and what not… We moved out, continued paying rent, found out the other two had stopped paying their rent and we were about to all be evicted. The leasing company agreed to let us out of the lease if the other 2 roommates signed a roommate release (which they did because they knew they were the ones defaulting on rent and he was doing drugs) and if we paid off their entire outstanding rent balances (which we did and they signed a loan payment plan as well– this also gave them another month to stay on the lease and come up with rent money to continue living there). The leasing company was given the signed roommate release forms along with all the money they asked for and signed receipts for the money saying “ending lease apartment # blah blah” with my boyfriend and I’s name. Anyways, those 2 ended up getting evicted and getting summoned to court in Sept. They did not show to court and have a default hearing tomorrow (dec 22) but now, those 2 as well as my boyfriend and I are being summoned to court next week, for eviction and money. My boyfriend and I are going to show up with all of our paperwork but my main question is…. How can those two have already been sent to court twice over this property and now we are added to a whole new case number, regarding the same property? Is this something the leasing company squirmed in and if so, is there someones attention we should bring this to at the court?- the fact that those 2 were already evicted and summoned to court twice over this property? Honestly, the amount they are suing us for, I have no idea where they got that number from, other than maybe those two’s late fees and a month possibly of rent. Thx!

Posted in Landlord Tenant Law.

One Comment

  1. Contact the attorney for the plaintiff shown on the summons. Tell them you have the release and receipts. They may want to see copies, but they probably ought to release you from the action. It may be the leasing company did not give all the paperwork to their attorney and you were brought into it by virtue of the original lease.

    But make sure you are dismissed from the suit or show up for court; do not just assume that everything is okay or you will end up having to go to the expense of fighting a default judgment.

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