Being sued over an apt. over 2 years ago. Not the only one on lease?

Question

My husband had an apartment with his old girlfriend in Denver over two years ago. Both of their names were on the lease. They ended up breaking up and he left her with the apartment, he told the landlord he was leaving, but never got anything in writting. A few months after the fact, he moved back home to SW Colorado. Since then he has been served with papers stating he must fill them out and send back. He has filled out all of the paperwork before. He even went to court and it was ruled that his wages would be garnished. But they never were. he has been totally compliant with everything. They also have not made ANY efforts to contact his Xgirlfriend. Putting the entire $2000 charge for cleaning, ending lease early and lawyer fees. He has been harrassed at his work and his parents house. The last letter that was served to him, had a court date in Denver (7 hours away mind you) He called to speak with someone about the fact and they told him he would have to be at the court date or he will have a warrent out for his arrest. Does he have any rights being one of TWO people on the lease, or already attenting court, or putting up with constant papers being served with no outcome? I really need help on this. It doesnt sound right to me and I need to know if he has rights against any of this. Thank you

Answer 1

Although it may seem unfair, your husband is liable for the leased property and breach of contract as well. If the landlord is unable to find the other former tenant (ex-girlfriend), he/she has every right to go after the 2nd former tenant (your husband). Good luck.



ADDED: If he does pay everything off, he has the right to go after the ex-girlfriend for half of the expenses but the responsibility is on each individual and not on the landlord.

Answer 2

Here is a website that has the landlord/tenant rights for the state of Colorado. Maybe the landlord didn't follow all of the rules. You don't give all of the details. Was there a deposit? Did he get a letter within 30 days of termination of the lease explaining why the deposit wasn't refunded and listing all of the damages? If not, this could be your loop hole and you could be awarded for damages yourself. The landlord Tenant act in Colorado is as follows:

Return of the Deposit - When a tenant leaves a rental unit, the landlord has 30 days (unless stipulated differently in the lease) to return the security deposit or send a written list of damages and the amount of money owed for repairs to the tenant. The above must be sent to the tenant's last known address. If a security deposit is wrongly withheld, the tenant could receive a judgment of three times of the amount wrongfully withheld, and court costs and attorney's fees. A tenant may utilize small claims court for this purpose.



http://dola.colorado.gov/cdh/researchers/documents/Advances/tenant-l.htm



At the bottom of the above site, there is a place to click to

"Contact: Department of Local Affairs" to email your questions to the state.



Also, check into the statue of limitations on this type of litigation. in Kansas it is 2 years.



Good luck!

Answer 3

Yes he has rights. He needs to talk with a lawyer. He can join his ex on the lawsuit as a necessary party. He can seek indemnification from her. Depending on the language in the lease, he may be "jointly and severally" liable for the rent and consequential damages, if any. The landlord can pick and chose who to go after. Your husband also has a right to bring in his ex-girlfriend. The landlord may be suing the only person who can be located or who has the ability to pay for the past rent. A lawyer can be helpful to determine whether the landlord is correct or not and whether and how to bring his ex into the case to make her pay.

Answer 4

The hire is a criminal contract that holds you to blame for the hire in the process the era of the hire. A landlord can withhold a secure practices deposit if the words of the hire are broken. they could additionally sue for extra lost condominium earnings or damages. there is one legality which will artwork on your desire: to make certain that the owner to sue for returned hire , he/she could desire to show in courtroom that a life like attempt substitute into made to hire the unit after the tenants vacated and that the unit remained unrented. no count if the owner made a life like attempt is as much as a decide's discretion; on occasion an undemanding advert may be adequate. (In different words, if a hire is broken the owner won't be able to easily take a seat on the empty components and carry jointly all hire throughout the time of the hire). on your case, it seems the valuables substitute into rented presently when you vacated, so the owner could desire to tutor lost condominium earnings. the owner won't be able to eliminate or eliminate a tenants components for 30 days, and then it rather is seen deserted. you could counter-sue for lost components if that isn't the case. you probably did harm the hire, regardless of the undeniable fact that it additionally seems that the owner violated regulations interior the approach. A decide will could desire to variety it out, and that's volatile because of the fact many things are hazy and often a decide does no longer stick to the letter of the regulation: courtroom is unpredictable. playstation : you could inquire into State or County professional-bono criminal amenities, in case you qualify (based many times on earnings); yet a expert-bono criminal expert many times purely attends courtroom with the intention to avert eviction. they could supply you criminal suggestion over the telephone and could need wisdom of close by regulations. it rather is a Small Claims case and an criminal expert in courtroom is overkill and pointless.

Answer 5

Landlords can go after anyone on the lease. if he thinks its not right he should consider finding the ex for half the amount he is being sued for.

Answer 6

He needs to consult a lawyer for legal options..

Answer 7

Has he consulted a lawyer? If not, why?

Answer 8

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