Emails & texts are not legally binding & often are not admissible in court. The way the law is written all tenants on the same lease are seen as 1 entity. You are ALL equally responsible to the landlord for the actions of the 1 bad roommate. The landlord has done nothing wrong you have no legal grounds to sue them at all. On the flip side they have every legal right to sue ALL tenants on the lease. NO it is not fair that you all paid & still get evicted & sued but this is why one roommate should NEVER be the only one responsible to pay the landlord. You each should have made your payments directly to them then this would not be happening.
Your ONLY beef is with the thief roommate.
EDIT: You stated in comments that only the roommate that stole the rent is on the lease. With this new & very critical information you are pretty much SOL with the landlord. They have every legal right to evict all of you not just for the stolen rent but for being illegal & unauthorized occupants. None of you ever had any legal right to be in the unit to start with. What this boils down to is that you had an illegal sublease & got screwed.
The landlord hasn't been paid. Someone needs to pay the rent - the roommate, you, whoever. It needs to be paid or the unit needs to be vacated.
I'm sure the landlord sounded sympathetic to whatever story there is about this low-life roommate - but if the low-life doesn't pay, you have to.
You don't get to live there for free.
This concept is baffling? Okie dokie.
What the HECK are you suing the landlord for? Ahhh....now I see a little bit of that irony you were talking about...
If the roommate absconded with the rent money then sue the roommate. And next time pay the landlord directly.
you ALL signed the lease. That means that each of you are 100% responsible for the rent. Just because you assigned the duty to collect and pay the rent to someone that actually took the money doesn't matter.
You owe the landlord the rent in FULL and then you sue the roommate for the money he took.
Tenants and individually and jointly liable for the rent. That means if you're on the lease you must pay or face eviction. Generally emails and texts are not legal forms of notice but if you have an email from your landlord indicating you are not responsible, the attorney needs to know. They may still file for eviction but that's the only defense you have, if it's true.
Yes, it is fair unless the landlord had you sign separate contracts for your portion of the rent. You are partners in the rental and as such are jointly and separately responsible for the entire rent. You need to pay the deficiency and then sue the delinquent room mate not the landlord. Good Luck
No need to sue the LL, they did nothing. Sue your roommate. Doing that won't stop the eviction. The ONLY way to stop the eviction is for the LL to be paid in full.
But yes, you can be evicted, as rent is owed, regardless of whose responsibility it is, you don't get to live for free. Emails and texts relieving you of financial responsibility doesn't mean he will let you stay there without rent being paid by SOMEONE.
The landlord is right in this dispute. You do not pay the rent you are out. You can sue the room mate but good luck on that one. She could not handle the rent so how are going to collect the money?
You'll lose against the landlord. No one will believe they just decided to "relieve" you of their money. You stole 4 grand? You'll lose, no doubt about that.
The roommate is another story, not sure what your contract and grounds are there.
So the landlord waited two months to tell you you hadn't paid? Didn't you realize you hadn't paid your rent?? The landlord is not responsible to tell you if your rent is late.. you won't win that one. I'm not sure why you feel one roommate is responsible for everyones late rent..
So yesterday we receive a three day notice to pay or quit... We found it ironic because our roomamte whom the landlord had put in charge of all the back rent had signed a paper stating she would pay that amount by the 15th.. The landlord refused to return our calls so we called te attorney and to our suprise the attorney is stating that we are responsible for the past due rent so we either pay 4,000 by friday or move we explaine to the attorney that the landlord sent us emails and texts relieving the rest of us of this debt because it wasnt our fault this roommate lied to us and that the landlord waited two months to tell us we hadnt paid.. So now we are suing the roommate and the landlord
if you are on a signed lease, changes cannot be made verbally or texting to that contract during its lifetime
putting your roommate in charge of the back rent has no merit unless she was the only one on the lease
if you have not paid in several months, of course you need to vacate, you have no right to be there