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Whatever should i do

Discussion in 'Off Topic [BG]' started by Bad Brains, Apr 21, 2004.


  1. Bad Brains

    Bad Brains Banned

    Jan 7, 2004
    Detroit, michigan
    Well here goes.

    A while back my friend asked where i am living next year (i'm a college student). I told him i'm not sure yet, then he told me that his landlord said he is looking for someone that wants to rent out the second half of the duplex. My friend said his slightly younger brother wants to do it, so that would be my roomate. It sounded good so i agreed, then lardlord then reserved the place for me and my friends younger brother.

    About 2 months ago my friends younger brother signed the lease and put down the deposit, all they have to do it wait for me now. Since i'm VERY low on money i can't put a deposit down, even now. So my friend offers to lend me 300$ if i wanted to sight the lease now and get it over with (the landlord was starting to get on his case about it).

    Sounds all good and dandy, so just a couple of hours ago we go to sign the lease for me. Well apparently the lease is a year lease that starts May 15th instead of the usual 9 month lease i was expecting. My friend never bothered to tell me this but he attempted to claim that he did tell me. Now the landlord has been expecting me to sign this thing for some time now and even he was led to believe that i understood this was a 12 month lease, plus i have no other place to live, plus my friend told me that he knows someone who will probably want to live there during the summer for me....so i basically had no choice but to sign this thing.

    This whole thing is one giant cluster****. I am so unbelievly pissed off at my friend i can't even put it into words. I have so many other personal problems and situations right now that i cannt even deal with this. Apparently i have to start paying rent in May, and that's 300$. I can't yet understand why my friend would assume i wanted to pay rent for the summer when i wasn't even going to be living there? I even asked him like a week ago if he knows anyplace i can store some of my things in the summer so i don't have to bring them all home, and he said "no".

    So i don't know, I need some advice, this is so completly messed up. I seriously need to get out this thing.
     
  2. Would you be allowed to sub-let the space for the summer? Check out the living contract.
     
  3. BustinJustin

    BustinJustin banned

    Sep 12, 2003
    NYC, LI too
    You should have put the $ aside when you agreed to the apt arrangement.

    Don't know how to get out of it...... did you sign it today? If so is it noterized? (sp?)

    If it hasn't been legalized yet then you should be able to explain the issue to the landlord..... Is it a legal apt? If not (and i don't think MI has legal apts other than a condo thingy), then you shouldn't have a problem.
     
  4. Bad Brains

    Bad Brains Banned

    Jan 7, 2004
    Detroit, michigan
    i did just sign it today, and i'm going to find out later on if someone is going to sub lease it from me in the summer.

    If not then i'm screwed, i absoultly have to get out of it because there isn't anyway i can afford this.
     
  5. BustinJustin

    BustinJustin banned

    Sep 12, 2003
    NYC, LI too
    is it noterized?


    if not it's not legal.
     
  6. bill h

    bill h

    Aug 31, 2002
    small town MN
    Thats BS, a contract is a contract, dose not matter if it is verbal or notarized or what.
     
  7. BustinJustin

    BustinJustin banned

    Sep 12, 2003
    NYC, LI too
    Agreed.
    But down the road it will play a part in the legality of the contract.

    Verbal- cmon man.
     
  8. bill h

    bill h

    Aug 31, 2002
    small town MN
    Someone can lie in court, sure. but all I was saying is that weather it is notarized or not is BS
     
  9. BustinJustin

    BustinJustin banned

    Sep 12, 2003
    NYC, LI too
    Correct me if I'm wrong.
    If a Lease is not notarized, therefore not a legal document, then there is no legal agreement. In turn, if it's not a legal agreement and the guy never shows up/ pays security and what not then there are no legal actions the landlord can pursue.

    I might be wrong, but I doubt it.

    Is it a legal apt?
     
  10. bill h

    bill h

    Aug 31, 2002
    small town MN
    I think you are dead wrong!!! Did you have your Visa charge at Wal-mart notarized? Well then you don't have to pay it? By having someone Notarize a singing Just verified that it was the person who's name is on there is actually the one who singed it.
     
  11. Marlat

    Marlat

    Sep 17, 2002
    London UK
    Assuming that US law is similiar to UK / AUstralian law, a contract does not comply with all the formalities of execution can still form the basis of an equitable agreement between the parties.

    BTW verbal contracts are just as binding as written contracts, the only difference is the evidence as to the existence of the contract and the terms of the contract. Ie it is much easier to alledge that no contract existed when it was only verbal. However some places have legislation that says that certain agreements (such as for the conveyance of land) must be in writting.

    Short answer is that if the contract is not notarised it would be pretty hard to argue that there was still not an equitable agreement in existence.
     
  12. BustinJustin

    BustinJustin banned

    Sep 12, 2003
    NYC, LI too
    ok

    good point... so do i have to pay cc?


    sorry bad brains... good luck to ya, i tried man. if ya listen to me you'll have a roof alright.... but no windows till your 3rd yr..
     
  13. Bad Brains

    Bad Brains Banned

    Jan 7, 2004
    Detroit, michigan
    Thanks guys.

    Luck i will need, i still can't believe my friend allowed me to be put under this situation.

    I guess it's my fault too for signing the papers, but i agreed to this back in like November. However i was led to believe this was a 9 month lease, today when i was signing this i was very confused and distorted when i was told this was a year lease, i almost felt like i had to sign it, i buckeled. This isn't good.

    I'm preparing to go over and my friend are really give it to him, i'm just waiting for him to get home.

    None the less i already know i CAN'T afford to pay summer rent, espically if i'm not even going to be living there. I have too much going on this summer and my income is already very tight. So i don't know what's going to happen out of this, i will keep you updated.
     
  14. Marlat

    Marlat

    Sep 17, 2002
    London UK
    You may wish to check with your local legal aid centre or whatever as to whether the lease contains "cooling off" provisions that allow you to rescind the contract within x days of execution without penalty.

    I can't remember whether such provisions exist in standard lease contracts but there might be some consumer protection legislation that allows it. If you really cannot afford the lease then I suggest you consider reading the lease papers and working out how much notice you need to give and doing it NOW rather than later once you have ticked over more time. The possible loss to the landlord is lessened if you break the lease now as he still has time to mitigate the loss by finding another tenant.

    Based on what you have said there may possibly be limited scope to argue that you signed the lease under duress or possibly undue influence from your friend, however chances are if you can't afford the lease you can't afford to defend yourself in court either.
     
  15. Bad Brains

    Bad Brains Banned

    Jan 7, 2004
    Detroit, michigan

    This is exactly what i'm afraid of. I work for a laywer who runs of pretty high class lawfirm, they have gotten me out of a few speeding tickets for next to free, but this is a different situation and will likly cost me.


    I definitly hope there is a cooling off period. I just did it today and i want to let him know right now that i can't do this. If he's any kind of a good person he will inderstand and problem solved....if not then it looks like i'm going to have a very bumpy road this summer.


    I'm trying to find things about this now but not having much luck, if any of you find anything let me know, i'd appreciate it.