Q: A long term tenant got married. I gave them a new lease to sign but never noticed that they never sent it back to me.
The husband explained to me that his tractor trailer had been rear end at a construction site by another on that did not try to stop. He showed me the pictures of the wrecked trucks and text messages from his lawyer saying he would be getting back workman's comp and damages from the other drivers insurance. He asked me to carry them till he got the settlement. I have more than 2 years of rent checks on his account with his signature and a note and a text message saying he would pay. Now he claims he is not on the lease and not liable. I have a large claim court date Friday. Do I have a case against him and do I need to bring a lawyer.
A: The husband not being on the lease appears to be a strong defense to your claim that he personally owes you for non-payment of rent. But the promise to pay by him does complicate matters. I'd suggest it would be worth it to at least discuss all the facts of your situation with a landlord/tenant attorney.
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