Two room mates. Adam and Joe. Move in together in the state of
Michigan. Only Adam's name is on the lease, as the sole leasee. Joe is
listed only as an occupant, and never signs anything. One month later,
Adam moves out. He agrees verbally to pay 1/3 of the rent each month
to enable Joe to afford it on his own, so he (Adam) does not default
on his lease (a verbal agreement he now denies). He does not do this.
For the next 11 months, Joe barely scrapes by with the rent and other
bills but manages to pay the rent on time every month. Three times
during the year, Adam returns to the apartment to collect items he
claims are his. Joe disagrees. Arguements follow. Twice the police are
called and Adam is removed from the apartment by them following an
acknowledgement by both Adam and Joe that Adam no longer lives there.
Shortly before the final month, Adam contacts Joe and tells him that
he has written to the apartments and given notice that the apartment
will be vacated in one month. He says he has already given this notice
so that month is already partly gone (this entire claim is unverified
and may have been the truth or may have been a scare tactic). Joe
moves out the apartment without paying the last months rent. He leaves
many items in the apartment, mostly things that Adam had claimed were
his or that he wanted. He forgets to hand in the keys to the apartment
(which carries a charge). Adam does not have a key to the apartment,
but does have one to the building and to the mailbox (which he may
deny to avoid the charge), where some of his mail is still delivered.
Upon realising that Joe has moved out, Adam sues him for the last
months rent, clean up costs and an assortment of other fees. Is Joe
liable for the last months rent despite not being the leasee and never
having signed anything? (he is listed on the lease as an occupant of
the apartment, but the lease states that it is a rental agreement
between the company and Adam). Adam says he is not liable because he
was not living at the apartment during the year (which can be
verified), no longer has a key to the apartment and therefore no
access to it (although the landlord can let him in for a lockout fee,
which he never chose to do) and Joe did not tell him he was moving out
of the apartment to give him time to take action (despite the fact
that Adam contacted Joe and 'claimed' to have given the landlord
notice of Joe moving out, but this Joe couldn't prove in court). Adam
also claims to have contacted the apartments, blamed everything on
Joe, and got them to agree to include Joe's name in whatever court
paperwork they are going to draw up to sue for the rent. Is this
legal? Can the landlord sue Joe and not Adam? Can the landlord sue Joe
and not Adam if they have been told by Adam that Adam moved out one
month into the lease and that Joe assumed responsibility of it? (a
claim that Adam cannot prove and Joe cannot disprove) Adam also claims
that he can use the police reports in court (stating he was removed
from the apartment because he didn't live there) to prove he wasn't
living there, and that that fact makes Joe entirely liable for any
unpaid rent. The lease was never transfered into Joe's name, and it is
unclear how aware the landlord was throughout the year that Adam had
completely moved out, although Adam now claims to be working in
co-ordination with the landlord to persue Joe for the rent and fees
(presumably after telling the landlord his own version of the truth
about the situation and the verbal agreements made between the two of
them (Adam and Joe)). Also, Joe has moved across the city and due to
events surrounding the police interventions (an assault occurred) does
not want Adam to know where he is living. If Adam sues him, will the
court track Joe down to serve the papers, thereby allowing Adam
knowledge of Joe's new address? Would Joe have to state or disclose
his new address during any possible court proceedings?