I'll try to keep this simple.

My step-daughter is up at R.I.T. (Rochester Inst. Technology in NY.)

Her and her boyfriend have an apartment with a third individual (Yep..you guessed it..roomate issues)

Daughter and boyfriend have written their half of rent in check form (documented in check book)to third guy for Jan/Feb.

Third guy didn't pay rent...now they're faced with an eviction notice and suppoenas from landlord.

Third guy hasn't been seen for the last week and a half or so but has been in contact, he is the primary lease holder with daughters boyfriend being on the lease.

Third guy claims to have paid rent but this guy seems to be a schmuck. (not very trustworthy)

Daughter and boyfriend have third guys possesions in the apartment (lots of camera gear etc.)

What avenues are available here?

Anyone up in NY want to pay a visit to third guy for me?  

Quoted: I'll try to keep this simple. My step-daughter is up at R.I.T. (Rochester Inst. Technology in NY.) Her and her boyfriend have an apartment with a third individual (Yep..you guessed it..roomate issues) Daughter and boyfriend have written their half of rent in check form (documented in check book)to third guy for Jan/Feb. Third guy didn't pay rent...now they're faced with an eviction notice and suppoenas from landlord. Third guy hasn't been seen for the last week and a half or so but has been in contact, he is the primary lease holder with daughters boyfriend being on the lease. Third guy claims to have paid rent but this guy seems to be a schmuck. (not very trustworthy) Daughter and boyfriend have third guys possesions in the apartment (lots of camera gear etc.) What avenues are available here? Anyone up in NY want to pay a visit to third guy for me?

Find out what camera gear it is.

I might buy it to help them pay the rent.

Here are their options:
1) pay the rent
or
2) eviction

what camera gear?

where's Slumlord when you need him?

Quoted: what camera gear?

What he said

Quoted: Quoted: what camera gear? What he said

Get an offsite storage locker for said camera items.
make copies of cancelled checks

look for somewhere else to live

Go ahead and sell the camera equipment.  The guy won't be coming back for it for about a month or so, and when he does come back and find that its been sold, he'll just whine and then go away for good.  I know the type.  I spent too much time at Satan's Asshole and dealt with far too many of them.

Also, have your daughter's boyfriend go talk to the landlord and work with him to get the guy kicked out.  He might have to repay the month's rent, but after that he should be OK.  Rochester isn't that expensive to live in, or it wasn't when I was there, and the extra cost each month will be worth it to be rid of the clown.

I doubt the landlord wants to go to the trouble of eviction proceedings, and once the matter is explained should be easy to work with.

Quoted: he is the primary lease holder with daughters boyfriend being on the lease.

What's the distinction of being a "primary" leaseholder vs a non primeary lease holder? if both names are on the lease both are liable.

Sounds like a small claims court claim against the loser 3rd guy or a case for Judge Judy.

Selling the camera equipment is theft as well as trafficking in stolen property.

Talk to landlord.
See if they can get lease switched over to them...

OR,

just move. They should not have any liablility to landlord if they are not on the lease and given the circumstances they are within their rights to do so.


If they stay, any check should me made directly to the landlord/rental company. Even delivered by them, inperson rather than to the loser.  That would have prevented all of this.

Finally, they can go after said dirtbag in small claims court.

I am not an attorney but these are the only legal options IMO.
I would move and go the small claims route.

If they leave, I would photograph, or better yet videotape, everything as they go out the door to prevent later claims of theft or damage.



ETA: I see now that daughter's BF is on the lease.  Oh boy....
He is responsible for the rent in part or total and leaving will not remove that responsibility.  Pay the rent and get rid of dirtbag, change locks, etc.  They will need to deal with the landlord to do so but dumping this guy out on the street will be tough.  I would submit there is likely a drug problem involved. That or possibly gambling.

If he's the leaseholder, and the rent isn't paid, then technically he is the one being evicted, along with "his 'friends'"  (i.e., you and your girlfriend).  It would appear you have no legal standing.  As other posters have said, talk to the landlord and   -->> truthfully<<-- explain the situation, especially about the sharing, etc.  If the landlord isn't an ass, he/she/it  would rather collect the rent than go through a proceeding.  When it is obvious you are not deadbeats, but equal victims, a decent person probably will be amenable to a simple settlement, as in $$, a language everyone speaks.  Rather have $$ than paperwork, fees, etc?   It is also possible there may be issues with extra tenants, but that's not really YOUR problem as the real deadbeat you want to get rid of would seem to be the one responsible.  Oh, and as far as the camera equipment?  You can't sell it, as that is theft, but the landlord could take it to satisfy the unpaid part of the rent.  Since the "other" guy is the one to pay the rent, your Jan/Feb payment may be down the drain as it looks like he may have kept them.  Again, let the landlord take the equipment and any other of the other guy's belongings; let him be responsible.  Then get yourselves on the lease and continue with your lives.  BTW, change the locks and keep an eye out.

The first thing I'd do is see if their rent check has cleared the bank. If i hasn't been cashed, stop payment. No sense loosing the money to a dirtbag if it hasn't been cashed.

Without seeing the lease, it's hard to say. I don't quite understand your reference to 'primary lessee' and your kids' boyfriend being on the lease as something less than an equal signatory. If he is, as I suspect, an equal signatory on the lease, he will be legally responsible for the entire amount due for the remaining term of the lease. His recourse is to sue his co-lessee for the half of the balance owed. Good luck with that.

That said, what provisions are in the lease to allow the lessor to find the lessees in default? Does the lease give 60 or 90 days in arrears of rent before the lease becomes null and void and has it been that long?

The first thing that comes to mind is talking to the lessor. He may be willing to find the deadbeat in default of the lease agreement, legally declare it null and void, and issue your kid & BF a new lease. That would depend of what type of recourse for late payment the deadbeat is given in the lease. Most leases usually allow some sort of late payment penalty or other recourse to rectify late payments.

I strongly suggest speaking with the landlord to see what arrangements can be worked out. It donesn't cost anything to ask.

As far as the deadbeats belongings, I would think a lein could be applied for non payment of his portion of the lease. Make the landloard aware that you have no problem with him confiscating the deadbeats' stuff as long as it is done legally through a lein.

Good luck with it. Keep us posted.....and please use this as an object lesson for your Daughter..."Don't ever co-sign a legally binding document with somebody you aren't 110% certain will honor their commitment!" (That includes live in boyfriends!)

Thanks guys, hasn't been any further developments as of right now, she was supposed to talk to campus legal assistance this morning and I haven't heard from her yet.

I'm afraid that "we're" gonna end up having to bail her out which means having to bail her boyfriend out and much worse, having to bail third guy schmuck out as well. To make matters even more unbearable is the fact that this third guy is one of those DU types. He gets pissed when someone wishes him Merry Christmas, he's in school and has already quit his job at a hospital and is claiming dissability, on top of that, he's suing the hospital for "discrimination".  The guy is a blue-ribbon fuck-up.

Quoted: Thanks guys, hasn't been any further developments as of right now, she was supposed to talk to campus legal assistance this morning and I haven't heard from her yet. I'm afraid that "we're" gonna end up having to bail her out which means having to bail her boyfriend out and much worse, having to bail third guy schmuck out as well. To make matters even more unbearable is the fact that this third guy is one of those DU types. He gets pissed when someone wishes him Merry Christmas, he's in school and has already quit his job at a hospital and is claiming dissability, on top of that, he's suing the hospital for "discrimination".  The guy is a blue-ribbon fuck-up.

Huh?  HER name isnt on the lease, right?   Even if you do decide to bail the boyfriend out, I wouldnt be forking over any money until the lease issue is straightened out and 3rd party is no longer a resident.  Otherwise, shithead continues getting a free ride as long as he stays on the lease.

I wouldnt be forking over any money until the lease issue is straightened out and 3rd party is no longer a resident. Otherwise, shithead continues getting a free ride as long as he stays on the lease.

+1,000,000,000,000

You're correct, she's not on the lease, but if landlord doesn't receive balance due, she's out on the street. It's a fucked up situation that seems to have "no good way" out.

be careful with 'self help' remedies

No lawer here, but ditto on the "don't sell the camera etc"!  State laws may of course vary, but it would most probably be considered "theft" or at the least "illegal conversion"... even if they merely remove the equipment from the apartment and lock it up "for ransom" !  As deadbeat is prone to barratry (improper use of courts, ie frivolous lawsuits)  he would jump on that angle like a frog on a june bug.

A big +gazillionbillion on the 'don't bail them out UNTIL the kids have squared with the landlord and are no longer living with deadbeat'.  

Quoted: Thanks guys, hasn't been any further developments as of right now, she was supposed to talk to campus legal assistance this morning and I haven't heard from her yet.

Campus legal assistance?
You're joking right? Because they are. A joke that is.

I'm afraid that "we're" gonna end up having to bail her out which means having to bail her boyfriend out and much worse, having to bail third guy schmuck out as well.

This is almost enough to make me yell BS on this entire thread.
If you actually do this you are going to get exactly what you deserve for being a schmuck.

Quoted: You're correct, she's not on the lease, but if landlord doesn't receive balance due, she's out on the street. It's a fucked up situation that seems to have "no good way" out.

Perhaps the money would be put to better use getting her an apartment of her own.  Just a thought.

Quoted: Quoted: You're correct, she's not on the lease, but if landlord doesn't receive balance due, she's out on the street. It's a fucked up situation that seems to have "no good way" out. Perhaps the money would be put to better use getting her an apartment of her own.  Just a thought.

That's probably the best thing to do.

Quoted: Quoted: Thanks guys, hasn't been any further developments as of right now, she was supposed to talk to campus legal assistance this morning and I haven't heard from her yet. Campus legal assistance? You're joking right? Because they are. A joke that is. I'm afraid that "we're" gonna end up having to bail her out which means having to bail her boyfriend out and much worse, having to bail third guy schmuck out as well. This is almost enough to make me yell BS on this entire thread. If you actually do this you are going to get exactly what you deserve for being a schmuck.

Ya know....drjarhead...up until now, I thought your post's were pretty much on the level. You can call my post BS, or you can even call me a schmuck. I don't recall fuckin with you. I needed a hand....and you're shittin on it.

quit being a typical Wisconsin little bitch.

Leason learned. Help her get into another apartment. If she is not on the lease at all (name no where on the lease) she can go when she wants to and the landlord cant do shit to her.

Well, maybe she can send you a copy of the lease.  

And this might help....www.consumer.state.ny.us/clahm/clahm-landlords.htm

Quoted: Quoted: Quoted: Thanks guys, hasn't been any further developments as of right now, she was supposed to talk to campus legal assistance this morning and I haven't heard from her yet. Campus legal assistance? You're joking right? Because they are. A joke that is. I'm afraid that "we're" gonna end up having to bail her out which means having to bail her boyfriend out and much worse, having to bail third guy schmuck out as well. This is almost enough to make me yell BS on this entire thread. If you actually do this you are going to get exactly what you deserve for being a schmuck. Ya know....drjarhead...up until now, I thought your post's were pretty much on the level. You can call my post BS, or you can even call me a schmuck. I don't recall fuckin with you. I needed a hand....and you're shittin on it. quit being a typical Wisconsin little bitch.

Well, that's the pot calling the kettle black ain't it?

My post may have been facetious in trying to make a point. It wasn't meant to be insulting.
I am trying to give you a hand, or at least good advice. You may not like the way it is given but it is spot on in totality.   The fact that you cannot see this is the same reason you are thinking about paying for them all. WTF
It is the worst thing you could do IMO and the consequences will likely be more costly for you.  Feed a jackal and don't be surprised if it bites you.

It is too bad you cannot see this or get the point of my slightly cryptic advice.  But again, it is right on the money.  It's the way I make points such as this as it brings the person I am advising to the conclusion on their own which almost always works out better. Usually.

I will admit however that tact has never been my strong suit. Honesty is. And integrity. And loyalty.

My advice to sell the camera equipment is based on my judgement that he won't do anything but whine about it.  The reason being because he is likely too socially inept to know how to handle the situation.  From other follow up posts, I wouldn't be surprised if he were a druggie too.  That judgement is based on my dealings with the type of person that makes up a massive proportion of the student body at RIT.

At the very least, get him kicked out of the apartment immediately.  He'll never learn.  The best solution is to get rid of him.

Quoted: Quoted: Quoted: Quoted: Thanks guys, hasn't been any further developments as of right now, she was supposed to talk to campus legal assistance this morning and I haven't heard from her yet. Campus legal assistance? You're joking right? Because they are. A joke that is. I'm afraid that "we're" gonna end up having to bail her out which means having to bail her boyfriend out and much worse, having to bail third guy schmuck out as well. This is almost enough to make me yell BS on this entire thread. If you actually do this you are going to get exactly what you deserve for being a schmuck. Ya know....drjarhead...up until now, I thought your post's were pretty much on the level. You can call my post BS, or you can even call me a schmuck. I don't recall fuckin with you. I needed a hand....and you're shittin on it. quit being a typical Wisconsin little bitch. Well, that's the pot calling the kettle black ain't it? My post may have been facetious in trying to make a point. It wasn't meant to be insulting. I am trying to give you a hand, or at least good advice. You may not like the way it is given but it is spot on in totality.   The fact that you cannot see this is the same reason you are thinking about paying for them all. WTF It is the worst thing you could do IMO and the consequences will likely be more costly for you.  Feed a jackal and don't be surprised if it bites you. It is too bad you cannot see this or get the point of my slightly cryptic advice.  But again, it is right on the money.  It's the way I make points such as this as it brings the person I am advising to the conclusion on their own which almost always works out better. Usually. I will admit however that tact has never been my strong suit. Honesty is. And integrity. And loyalty.

Your "tact" is irrelevant, you claim cryptition....I don't have an Enigma....sorry
You claim to offer me some sort of advice.....again...you didn't...you just attacked me.
My kid is a college student....she's making the best of it, as is my wife and I by trying to keep her in school up there...it's expensive dude

Yeah...campus legal assistance might suck...we can't afford high dollar lawyers.
If you have something helpful or constructive to tell me than I'm all ears...if not....just go.

you've been less than helpful.

Quoted: Quoted: Quoted: Quoted: Quoted: Thanks guys, hasn't been any further developments as of right now, she was supposed to talk to campus legal assistance this morning and I haven't heard from her yet. Campus legal assistance? You're joking right? Because they are. A joke that is. I'm afraid that "we're" gonna end up having to bail her out which means having to bail her boyfriend out and much worse, having to bail third guy schmuck out as well. This is almost enough to make me yell BS on this entire thread. If you actually do this you are going to get exactly what you deserve for being a schmuck. Ya know....drjarhead...up until now, I thought your post's were pretty much on the level. You can call my post BS, or you can even call me a schmuck. I don't recall fuckin with you. I needed a hand....and you're shittin on it. quit being a typical Wisconsin little bitch. Well, that's the pot calling the kettle black ain't it? My post may have been facetious in trying to make a point. It wasn't meant to be insulting. I am trying to give you a hand, or at least good advice. You may not like the way it is given but it is spot on in totality.   The fact that you cannot see this is the same reason you are thinking about paying for them all. WTF It is the worst thing you could do IMO and the consequences will likely be more costly for you.  Feed a jackal and don't be surprised if it bites you. It is too bad you cannot see this or get the point of my slightly cryptic advice.  But again, it is right on the money.  It's the way I make points such as this as it brings the person I am advising to the conclusion on their own which almost always works out better. Usually. I will admit however that tact has never been my strong suit. Honesty is. And integrity. And loyalty. Your "tact" is irrelevant, you claim cryptition....I don't have an Enigma....sorry You claim to offer me some sort of advice.....again...you didn't...you just attacked me. My kid is a college student....she's making the best of it, as is my wife and I by trying to keep her in school up there...it's expensive dude Yeah...campus legal assistance might suck...we can't afford high dollar lawyers. If you have something helpful or constructive to tell me than I'm all ears...if not....just go. you've been less than helpful.

I claim nothing.
I attacked you not all all except in your own self important little world.
You hear what you want to hear just like all in denial.
Didn't mean to hurt your wittle feewings.

I will go.

Good luck with making a bigger mess of things.

Park Ave area? Check your IM's.

You called me names Mr Crypto....you called me a schmuck...it's in black and white.

And to think...I thought you were pretty cool at one point..

Nephilim, here is my blunt assessment of the situation:  Your daughter isnt on the lease, therefore she has no dog in the fight legally (other than living there).  This is between boyfriend, 3rd party, and the landlord.  

If you are thinking about ponying up the 2 months rent, you should REALLY consider using that money to get her an apartment of her own.  Boyfriend, 3rd party, and the current landlord isnt your concern- your daughter is.  Take care of her, and let boyfriend's parents take care of him.

My own course of action would be:  move daughter into her own apartment.  Boyfriend needs to talk to landlord and explain the situation, maybe landlord will void the lease completely or take his 1/2 payment to be done with the whole thing.  Boyfriend should move HIS stuff out, and leave 3rd party's stuff there.  Make sure boyfriend gets some documentation that 3rd party's stuff has been left at the apartment for him to pick up.  3rd party can then deal with getting it back from landlord, or landlord can dispose of it due to abandonment.

Problem solved.

you let your daughter live with her boyfriend?

Quoted: Quoted: Quoted: Quoted: Quoted: Quoted: Thanks guys, hasn't been any further developments as of right now, she was supposed to talk to campus legal assistance this morning and I haven't heard from her yet. Campus legal assistance? You're joking right? Because they are. A joke that is. I'm afraid that "we're" gonna end up having to bail her out which means having to bail her boyfriend out and much worse, having to bail third guy schmuck out as well. This is almost enough to make me yell BS on this entire thread. If you actually do this you are going to get exactly what you deserve for being a schmuck. Ya know....drjarhead...up until now, I thought your post's were pretty much on the level. You can call my post BS, or you can even call me a schmuck. I don't recall fuckin with you. I needed a hand....and you're shittin on it. quit being a typical Wisconsin little bitch. Well, that's the pot calling the kettle black ain't it? My post may have been facetious in trying to make a point. It wasn't meant to be insulting. I am trying to give you a hand, or at least good advice. You may not like the way it is given but it is spot on in totality.   The fact that you cannot see this is the same reason you are thinking about paying for them all. WTF It is the worst thing you could do IMO and the consequences will likely be more costly for you.  Feed a jackal and don't be surprised if it bites you. It is too bad you cannot see this or get the point of my slightly cryptic advice.  But again, it is right on the money.  It's the way I make points such as this as it brings the person I am advising to the conclusion on their own which almost always works out better. Usually. I will admit however that tact has never been my strong suit. Honesty is. And integrity. And loyalty. Your "tact" is irrelevant, you claim cryptition....I don't have an Enigma....sorry You claim to offer me some sort of advice.....again...you didn't...you just attacked me. My kid is a college student....she's making the best of it, as is my wife and I by trying to keep her in school up there...it's expensive dude Yeah...campus legal assistance might suck...we can't afford high dollar lawyers. If you have something helpful or constructive to tell me than I'm all ears...if not....just go. you've been less than helpful. I claim nothing. I attacked you not all all except in your own self important little world. You hear what you want to hear just like all in denial. Didn't mean to hurt your wittle feewings. I will go. Good luck with making a bigger mess of things.

So are you two going to get a room, or what?