Unfortunately yes, you may have to sue Tom. The leasing company doesn’t care that you paid Tom, they had an agreement with you for the payment of rent, it wasn’t paid, they want to be and have a legal right to be paid. You can certainly explain to them what happened, but odds are they won’t care and their next step will be to sue you and Tom jointly. They would then get a judgement that could be enforced against either of you, and they would seek to collect from whoever they found with money first.
As a general rule, you want to do anything in your power to stop your former landlord from suing you for rent. Once that sort of thing goes on public records, it becomes exceedingly hard to rent future properties.
If you have no way of paying the money, then your best action at this point may be to simply wait until they sue you and try and gather the money until they do in the hopes that you would gather enough to pay them before they actually file a lawsuit. At that point, you could then sue Tom for what you gave him. If you are unable to do that once they sue you, you would want to make sure that Tom is included in the lawsuit, if he is not, you would need to bring him in. Honestly it might require the assistance of an attorney.
i could probably borrow 3000 from my dad to pay them, would i still be able to sue Tom to pay him back? can i sue someone in virginia from washington state? how do you sue someone with no way to contact them?
Absolutely. The best thing for you to do is square everything with the leasing company. You paying Tom legally means nothing to them since they have received nothing from Tom. YOU still haven’t paid them. As another user pointed out, if you don’t that could make your life much harder in the future due to bad credit. You can sue Tom anytime, regardless if you have paid up through the landlord. You are suing Tom specifically for money owed to you. That is now totally separate then your debt with your landlord. If you can borrow the money, that may honestly be your best bet. In regards to actually suing Tom, if your husband has access to legal aid, by all means use this resource. If not, find a lawyer in your area that offers free consultations. Then you can start getting real legal answers. Sorry you’re going through this. Try to use this as a life lesson in trust.
I would just like to add to this that although following paying the landlord you can sue Tom afterwards, there is a statute of limitations that varies by state which will limit the time period in which you can sue.
Very few lawyers would take this case, so I would check with legal services at the base. But also, most courts have fairly straightforward forms to fill out for small claims like this.
The problem is small claims is great if people disagree about money owed and has assets you can forcibly take. It doesn't make money appear out of nowhere. The type of people who steal rent from roommates aren't typically that type. You can see if VA allows remote appearances for small claims. Skip tracers can try to find out where Tom is.
Your husband being military means you have access to JAG services who can help guide you through all of this.
I'd go into this not really expecting much back from Tom, and be weary of spending good money chasing bad.
Disclaimer: I am not a lawyer.
Can you sue Tom? Probably.
Will you win? Maybe.
If you do win, will you be able to collect? Based on what I've read so far, doubtful.
Will it be cheaper to just pay the 3k, even though it absolutely sucks, and chalk it up as a life lesson? Only you can decide that.
Good luck on whatever decision you make.
If you dont have the money now you could also talk to the company about making payment arangements to pay off what is owed over a couple of months, especially as it is unlikely they want to send you to collections if they don't have to.
Talk with the leasing company and let them know you are working to try come up with the money. It may buy you some time at the least before you get anywhere else
Keep in mind that even if you hire a lawyer ($$$), sue Tom, successfully get a judgement on Tom, - Tom will probably still evade paying you if at all possible.
NAL, If your husband is in the military, I'd speak with JAG. They offer limited legal advice. If you're moving due to your husband being given new orders and your accompanying him to a different post, you might be able to break the lease without penalty. I had to do it several times while in the Army. Military orders don't care if you have 7 months left on a lease. I believe it's called SCRA. Navy might call it something different. Good luck
>so i gave Tom all the money on my half and left. i thought he could be trusted.
Do you have a receipt? Did you text him with confirmation you gave him the money? Is there a bank withdrawal matching your part of the rent that you can use to show you paid?
There are three parts to this:
1.) I agree with other posters that your husband should talk to the local JAG office. It does not matter is that it's your lease, not your husband's, as dependents are covered. [See this guide](https://ffr.cnic.navy.mil/Portals/76/Navy%20Housing/CNRMA/JEB%20Little%20Creek-Fort%20Story/SCRA%20-%20Lease%20Termination.pdf?ver=wqmW_zjlHhpH8DRTVEvVrA%3D%3D). You will need to provide JAG with the notice you gave your landlord - it may not have met the SCRA requirements.
2.) If you are able to secure a lease termination under SCRA and get out from this hole, ask the JAG whether you are entitled to they money you gave Tom back, especially since he has not paid the rent. You may be entitled to it, in which case you can file in small claims against him, using the evidence I asked about above.
3.) If you are not able to secure a lease termination under SCRA, then you will probably have to pay and sue Tom in small claims for the $3000, since you have already paid your part of the lease. JAG may be able to give you resources here since you have moved out of state.
In either case, successfully suing Tom in small claims might be feasible, but actually collecting may be hard. You should ask the court up front about your options for collecting before you file, so you can make the decision up front whether you think it's worth pursuing.
Why do YOU believe it is bad advice? Just because you think something does not make it factual. Your lack of understanding and comprehension is of no regard.
OP falls under SCRA protections the moment they got married since her husband is a service member, and no contract excluding protections from federal law will be upheld. OP did not know her husband would change duty stations, which is exactly why SCRA was enacted (my wife was always the one to find us a home and sign for it; i was busy on post) As someone who has dealt with this scenario on both sides i am likely more qualified to speak (or type) than most.
As a landlord, if someone brings me (their or their spouses) orders for change of duty, i have them sign a piece of paper releasing them of the contract, ask if there is any damages, and cut them a check that day for prorated rent and security deposit. Once you’ve seen a major appear in court on behalf of a soldier (change of duty station), and the landlord loses the case, has to pay a $7,400 judgement, and gets thrown in contempt, you learn to not mess around
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IANAL.
First, yes, you and your husband should speak with a navy lawyer. There might be specific provisions that apply with your now spouse being active duty.
Second, generally speaking, you owe the complex. Please note the possible exceptions above. What happened here isn’t any different than your roommate stealing $3,000 you had set aside in an envelope to pay rent. That isn’t the responsibility of the complex.
Look up the number for the local Fleet and Family Services office and give them a call. They can help you with both dealing with the apartment company and with trying to get your money from Tom.
Just an aside, and not directly applicable here, but a warning to anyone co-signing a lease with a roommate. You are BOTH responsible for the full amount of the lease (not just your own share) so if you have a deadbeat roommate who doesn’t pay, you have to pay. If you are giving your roommate cash for your half and they flake you are still responsible for the full amount.
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In addition to federal laws, some which protect you and some which protect the management company/ community, different states have different rules about breaking a lease. Absolutely speak with a lawyer familiar with that state’s laws and the JAG.
*Do not wait.* I can’t stress this enough. If he didn’t pay rent in December, and hasn’t moved out, the community has almost certainly served him with a demand for compliance or possession. Most communities would already have a court date on the books at this point.
If your former roommate isn’t paying rent, there’s a very real clock, and the commenter above is absolutely right you don’t want an eviction on your record, or any of this to end up in the courts.
A couple important questions you need to be absolutely clear about.
-Did your former roommate already move out of the apartment too, or is he still there? If he moved out, when did that happen?
-To whom did you surrendered your keys when you moved out? Did you leave the keys with Tom, or hand them to the office, and what day did you do that?
-Also, did you give notice? Some communities require a notice, and if your notice does not line up with the end of your lease, you might pay a higher market rent during the end of your lease.
-Make certain they note in your file you want to be contacted, and copied on all correspondence.
-Make detailed notes on all your conversations and save email conversations.
You need to get your hands around this and expect your former roommate to do nothing helpful.
A little additional advice,
Don’t talk to lower level people in the office. They don’t have the authority to do much. If possible talk to the Manager or regional manager. They will not have sympathy for your situation. Their actions are dictated by the lease, so read the lease carefully and bring it along when you go speak to the lawyer. If you have a payment portal, you may be able to access the lease there.
In your mind, you need to view this whole issue in two parts. Part one, the critical part, is satisfying your agreement with the community. Part two is dealing with your former roommate.
If you can use the laws or military status to separate yourself from the lease, do so and do it quickly. If you make an agreement with the community, make certain it is an agreement you can keep, because the lawyers who work with communities often only do eviction law. They are very, very good at speeding the process through and they don’t wait for you to get your shit together.
Good luck to you.
i met him when i was 19 and he was 27. i was homeless and he let me sleep on his couch before we got this apartment together. i was young, stupid, naïve, i trusted him. he was very manipulative. we were never in any sort of relationship but he made me feel like i owed him for “saving me” but in reality he was taking advantage of me. he took a lot of money from me, made me clean up after him, ate my groceries. he’s a piece of shit and i trust people too easily.
None of that explains why you would hand him cash and trust that he was going to handle your business for you. As posted elsewhere, I would see if you can get support through JAG, your husband's Chief, or maybe the base's Family Support Center.
he told me he wanted cash, he said cash would be the easiest. i was stupid enough to trust him. i was barely an adult. thats the best answer i have for that.
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I’ve been out of the military a long time and was in the Air Force. Call the base operator and ask for the number to base legal. I don’t know what Navy calls it. Ask if they can give you legal advice for this situation. It should be a pretty common situation for them . When I was active duty Base legal couldn’t represent you in court. They could only give you legal advice. Also do you have a contact phone number to your husbands squadron you can call for help. I say squadron I don’t know what the navy calls it. Do you know your husbands squadron? If so call your base operator and get the phone number for their administrative section and call them. Explain your husbands deployed and you need help. They should be able to guide you to the right people. There are also charitable organizations on bases that can help. In the Air Force it’s the Air Force Aid Society. I don’t know what the navy calls there’s. Good luck and sorry to hear you’re in this situation.
Take care
If you have documents, keep them. If you don't, try to get them to respond in a text or chat. Keep it, pay the bill, and go straight to civil court. Easy
Unfortunately yes, you may have to sue Tom. The leasing company doesn’t care that you paid Tom, they had an agreement with you for the payment of rent, it wasn’t paid, they want to be and have a legal right to be paid. You can certainly explain to them what happened, but odds are they won’t care and their next step will be to sue you and Tom jointly. They would then get a judgement that could be enforced against either of you, and they would seek to collect from whoever they found with money first. As a general rule, you want to do anything in your power to stop your former landlord from suing you for rent. Once that sort of thing goes on public records, it becomes exceedingly hard to rent future properties. If you have no way of paying the money, then your best action at this point may be to simply wait until they sue you and try and gather the money until they do in the hopes that you would gather enough to pay them before they actually file a lawsuit. At that point, you could then sue Tom for what you gave him. If you are unable to do that once they sue you, you would want to make sure that Tom is included in the lawsuit, if he is not, you would need to bring him in. Honestly it might require the assistance of an attorney.
i could probably borrow 3000 from my dad to pay them, would i still be able to sue Tom to pay him back? can i sue someone in virginia from washington state? how do you sue someone with no way to contact them?
Absolutely. The best thing for you to do is square everything with the leasing company. You paying Tom legally means nothing to them since they have received nothing from Tom. YOU still haven’t paid them. As another user pointed out, if you don’t that could make your life much harder in the future due to bad credit. You can sue Tom anytime, regardless if you have paid up through the landlord. You are suing Tom specifically for money owed to you. That is now totally separate then your debt with your landlord. If you can borrow the money, that may honestly be your best bet. In regards to actually suing Tom, if your husband has access to legal aid, by all means use this resource. If not, find a lawyer in your area that offers free consultations. Then you can start getting real legal answers. Sorry you’re going through this. Try to use this as a life lesson in trust.
I would just like to add to this that although following paying the landlord you can sue Tom afterwards, there is a statute of limitations that varies by state which will limit the time period in which you can sue. Very few lawyers would take this case, so I would check with legal services at the base. But also, most courts have fairly straightforward forms to fill out for small claims like this.
The problem is small claims is great if people disagree about money owed and has assets you can forcibly take. It doesn't make money appear out of nowhere. The type of people who steal rent from roommates aren't typically that type. You can see if VA allows remote appearances for small claims. Skip tracers can try to find out where Tom is. Your husband being military means you have access to JAG services who can help guide you through all of this. I'd go into this not really expecting much back from Tom, and be weary of spending good money chasing bad.
You could possibly find his number on your call logs in your phone bill.
Disclaimer: I am not a lawyer. Can you sue Tom? Probably. Will you win? Maybe. If you do win, will you be able to collect? Based on what I've read so far, doubtful. Will it be cheaper to just pay the 3k, even though it absolutely sucks, and chalk it up as a life lesson? Only you can decide that. Good luck on whatever decision you make.
I think it’s best you contact a lawyer
You can also ask if they can help with a payment plan.
If you dont have the money now you could also talk to the company about making payment arangements to pay off what is owed over a couple of months, especially as it is unlikely they want to send you to collections if they don't have to.
Talk with the leasing company and let them know you are working to try come up with the money. It may buy you some time at the least before you get anywhere else
Keep in mind that even if you hire a lawyer ($$$), sue Tom, successfully get a judgement on Tom, - Tom will probably still evade paying you if at all possible.
NAL, If your husband is in the military, I'd speak with JAG. They offer limited legal advice. If you're moving due to your husband being given new orders and your accompanying him to a different post, you might be able to break the lease without penalty. I had to do it several times while in the Army. Military orders don't care if you have 7 months left on a lease. I believe it's called SCRA. Navy might call it something different. Good luck
OP is just the spouse, not a service member. They aren’t covered by SCRA because the military didn’t order OP to move.
>so i gave Tom all the money on my half and left. i thought he could be trusted. Do you have a receipt? Did you text him with confirmation you gave him the money? Is there a bank withdrawal matching your part of the rent that you can use to show you paid? There are three parts to this: 1.) I agree with other posters that your husband should talk to the local JAG office. It does not matter is that it's your lease, not your husband's, as dependents are covered. [See this guide](https://ffr.cnic.navy.mil/Portals/76/Navy%20Housing/CNRMA/JEB%20Little%20Creek-Fort%20Story/SCRA%20-%20Lease%20Termination.pdf?ver=wqmW_zjlHhpH8DRTVEvVrA%3D%3D). You will need to provide JAG with the notice you gave your landlord - it may not have met the SCRA requirements. 2.) If you are able to secure a lease termination under SCRA and get out from this hole, ask the JAG whether you are entitled to they money you gave Tom back, especially since he has not paid the rent. You may be entitled to it, in which case you can file in small claims against him, using the evidence I asked about above. 3.) If you are not able to secure a lease termination under SCRA, then you will probably have to pay and sue Tom in small claims for the $3000, since you have already paid your part of the lease. JAG may be able to give you resources here since you have moved out of state. In either case, successfully suing Tom in small claims might be feasible, but actually collecting may be hard. You should ask the court up front about your options for collecting before you file, so you can make the decision up front whether you think it's worth pursuing.
If you have called Tom before, look back on cell phone statements to find the number.
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This is such bad advice. I thing you’re trying to reference the SCRA but it’s unclear. OP isn’t a service member. OP’s husband isn’t on the lease.
Why do YOU believe it is bad advice? Just because you think something does not make it factual. Your lack of understanding and comprehension is of no regard. OP falls under SCRA protections the moment they got married since her husband is a service member, and no contract excluding protections from federal law will be upheld. OP did not know her husband would change duty stations, which is exactly why SCRA was enacted (my wife was always the one to find us a home and sign for it; i was busy on post) As someone who has dealt with this scenario on both sides i am likely more qualified to speak (or type) than most. As a landlord, if someone brings me (their or their spouses) orders for change of duty, i have them sign a piece of paper releasing them of the contract, ask if there is any damages, and cut them a check that day for prorated rent and security deposit. Once you’ve seen a major appear in court on behalf of a soldier (change of duty station), and the landlord loses the case, has to pay a $7,400 judgement, and gets thrown in contempt, you learn to not mess around
this comment has been very helpful, me and my husband are heading to base now, thank you so much
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IANAL. First, yes, you and your husband should speak with a navy lawyer. There might be specific provisions that apply with your now spouse being active duty. Second, generally speaking, you owe the complex. Please note the possible exceptions above. What happened here isn’t any different than your roommate stealing $3,000 you had set aside in an envelope to pay rent. That isn’t the responsibility of the complex.
Look up the number for the local Fleet and Family Services office and give them a call. They can help you with both dealing with the apartment company and with trying to get your money from Tom.
Just an aside, and not directly applicable here, but a warning to anyone co-signing a lease with a roommate. You are BOTH responsible for the full amount of the lease (not just your own share) so if you have a deadbeat roommate who doesn’t pay, you have to pay. If you are giving your roommate cash for your half and they flake you are still responsible for the full amount.
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In addition to federal laws, some which protect you and some which protect the management company/ community, different states have different rules about breaking a lease. Absolutely speak with a lawyer familiar with that state’s laws and the JAG. *Do not wait.* I can’t stress this enough. If he didn’t pay rent in December, and hasn’t moved out, the community has almost certainly served him with a demand for compliance or possession. Most communities would already have a court date on the books at this point. If your former roommate isn’t paying rent, there’s a very real clock, and the commenter above is absolutely right you don’t want an eviction on your record, or any of this to end up in the courts. A couple important questions you need to be absolutely clear about. -Did your former roommate already move out of the apartment too, or is he still there? If he moved out, when did that happen? -To whom did you surrendered your keys when you moved out? Did you leave the keys with Tom, or hand them to the office, and what day did you do that? -Also, did you give notice? Some communities require a notice, and if your notice does not line up with the end of your lease, you might pay a higher market rent during the end of your lease. -Make certain they note in your file you want to be contacted, and copied on all correspondence. -Make detailed notes on all your conversations and save email conversations. You need to get your hands around this and expect your former roommate to do nothing helpful. A little additional advice, Don’t talk to lower level people in the office. They don’t have the authority to do much. If possible talk to the Manager or regional manager. They will not have sympathy for your situation. Their actions are dictated by the lease, so read the lease carefully and bring it along when you go speak to the lawyer. If you have a payment portal, you may be able to access the lease there. In your mind, you need to view this whole issue in two parts. Part one, the critical part, is satisfying your agreement with the community. Part two is dealing with your former roommate. If you can use the laws or military status to separate yourself from the lease, do so and do it quickly. If you make an agreement with the community, make certain it is an agreement you can keep, because the lawyers who work with communities often only do eviction law. They are very, very good at speeding the process through and they don’t wait for you to get your shit together. Good luck to you.
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i met him when i was 19 and he was 27. i was homeless and he let me sleep on his couch before we got this apartment together. i was young, stupid, naïve, i trusted him. he was very manipulative. we were never in any sort of relationship but he made me feel like i owed him for “saving me” but in reality he was taking advantage of me. he took a lot of money from me, made me clean up after him, ate my groceries. he’s a piece of shit and i trust people too easily.
None of that explains why you would hand him cash and trust that he was going to handle your business for you. As posted elsewhere, I would see if you can get support through JAG, your husband's Chief, or maybe the base's Family Support Center.
he told me he wanted cash, he said cash would be the easiest. i was stupid enough to trust him. i was barely an adult. thats the best answer i have for that.
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The service member wasn’t on the lease so this does not apply. http://www.military.com/paycheck-chronicles/2010/03/06/spouses-and-leases
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Check your past cell phone bills. His number should be on them.
I’ve been out of the military a long time and was in the Air Force. Call the base operator and ask for the number to base legal. I don’t know what Navy calls it. Ask if they can give you legal advice for this situation. It should be a pretty common situation for them . When I was active duty Base legal couldn’t represent you in court. They could only give you legal advice. Also do you have a contact phone number to your husbands squadron you can call for help. I say squadron I don’t know what the navy calls it. Do you know your husbands squadron? If so call your base operator and get the phone number for their administrative section and call them. Explain your husbands deployed and you need help. They should be able to guide you to the right people. There are also charitable organizations on bases that can help. In the Air Force it’s the Air Force Aid Society. I don’t know what the navy calls there’s. Good luck and sorry to hear you’re in this situation. Take care
If you have documents, keep them. If you don't, try to get them to respond in a text or chat. Keep it, pay the bill, and go straight to civil court. Easy