Legal Question in Real Estate Law in Maryland

evicted roomate

I moved into an appt with a friend. I moved out 3yrs ago because i got married. She stayed in the appt and agreed that she would be able to handle the rent on her own. Long story short she got evicted. Today i was messing around on a web site maryland judicial case search where you can type names in and see court cases against that person. I typed my maiden name in and found that I have a case against me and my old roomate involving the appt complex, and i have a court date for this monday i never knew about. Under my name they have an address posted i have never even heard of I guess thats where the court summons was sent. What should I do?


Asked on 3/03/09, 8:36 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: evicted roomate

Presumably you were a signer on the lease, and after the initial lease period ended your roommate stayed on as a month-to-month tenant. The problem is you didn't inform the landlord that you were leaving, so they continued to assume you were living there and being responsible for the rent. When 2 or more people sign a lease, the landlord can hold either responsible for all of the rent.

You need to get a copy of the complaint to see what the suit is trying to accomplish and who is representing the landlord. Since you weren't served under court rules, they can't legally obtain a money judgment against you, but you need to check to see if there is an affidavit of service from a process server that says they served you. Call the clerk's office and ask them if such an affidavit is in the file. If not, you should be ok. I'm guessing the strange address is where your ex-roommate moved to after she got evicted. If they tell you there is an affidavit of service, you should contact the landlord's attorney and explain the situation; maybe they'll stop pursuing you.

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Answered on 3/04/09, 9:34 am


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