Eviction... My husband never signed the lease I lived there prior to our marriage

Question

I rented a Apartment 3 years ago and the lease was in only my name. This past July after I renewed my lease I got married and now my landlord is evicting me do to that fact she angry at me for complaining she is not fixing things. I received a phone call telling me she would not be renewing my lease this current year and I was like ok I will move out. I have paid my deposit and everything for our new place but it is a new construction and is taking a bit longer then I had anticipated so today a police officer knocks on my door and serves me a detainer warrant one for me and one for my husband. The question I have is she is suing us both my name and his are on the warrant asking for attorney fees and filling fees. Is my husband responsible for this debt when he never signed anything? We live in Tennessee and I also would like to know if she does win do we have to pay the court every month or does she just get a judgment?

Answer 1

if your husband never signed the lease, then he was living there as an illegal resident of the complex.  if she can prove that he was living there, then as far as i'm concerned, she can do whatever the heck she wants.  you were in the wrong.  

contact a lawyer.  if she's putting an eviction through on you, then she needs a more legal reason than "complains that nothing gets fixed".

Answer 2

You are in the wrong, it is illegal for your husband to live with you without his name being on the lease.

She has every right to do what she has done as you had someone living with you illegally.

She also has a right to sue yourself and him, because you both lived there, and you both got out of having to pay extra rent that the owner was entitled to by not putting his name on the lease.

I don't know about the judgement and having to pay every month, you would be best off getting the phone number for your local courts and calling to ask them.

I would also advise having a consultation with a lawyer to find out what your options are.

Answer 3

First, before your LL file for unlawful detainer he should give you a 3 day notice with a reason on it. If he didn't do that, you can defend with this reason and the law will require him to do the whole process again. This can just only buy you more time but not protect you from being evicted. If you can move now, move because if he win in the court it'll ruin your credit report and lower your scores.

Actually, if you have added your husband on the lease right after you married, you won't have any problem at all. But make sure what's reason he use first before you can decide either correct it or fight in court.

If the reason is moving her parents to your unit, she should only give you a 30 day notice to move instead of eviction. Because this is not due to your fault, you have a point to stand in front of the judge. Did you give her a 30 day notice to vacate in writing? I'll suggest you defend in the court for yourself.  Don't let her ruin your credit.

Answer 4

She can sue your husband even tho they don't have a contract.  The judge will probably release him from the case.  YOu will have a judgement against you.  If you don't pay it, your wages will be garnished. /

Answer 5

Be careful. If your lease has holdover penalties you could be in for a real shock. My lease triples the rent for holdovers.

She MUST name him. It's the law. Even if he is not on the lease he is a resident and must be evicted separately. He won't owe rent, but he will have to pay court costs if you lose.

Answer 6

You need to see a lawyer. Your husband lives there, and probably the checks you give her have both your names on it. If he pays the rent, and lives on the premises, sounds like her suit against him is correct, even though you signed the lease before you were married. But, see a lawyer and get the facts. Bring your lease with you. And, good luck. usually, you don't pay monthly from a court proceeding, but under certain circumstances, you can pay in installments. So, that is another question for the lawyer.

Answer 7

If you were given notice of non-renewal/termination then you were required to vacate per the notice. Failure to do so left you open to a detainer warrant.

All adult occupants must be named in a detainer warrant. Part of the suit is the landlord's demand for possession, therefore all adults in possession of the property must be named.

If the landlord gets the judgment, it will be in both of your names. If the landlord receives a money judgment, you will be ordered to pay the total, either in full or in payments.