Can I be sued ?
#1
Just Joined
Thread Starter
Joined: Jun 2013
Posts: 1
Can I be sued ?
If I leave the US and break the house lease I'm on can I be successfully sued ?
It would amount to $13k of unpaid rent.
I understand I most definitely could be sued and that the case would be decided in the landlords favor.
However, would the landlord have any ability to get the payment from me given that I would then be in the uk ?
And if so....would I have to pay her legal costs ?
The landlord is a uk citizen but lives in NJ. I'm in NJ too...for now.
Thanks,
Linda
It would amount to $13k of unpaid rent.
I understand I most definitely could be sued and that the case would be decided in the landlords favor.
However, would the landlord have any ability to get the payment from me given that I would then be in the uk ?
And if so....would I have to pay her legal costs ?
The landlord is a uk citizen but lives in NJ. I'm in NJ too...for now.
Thanks,
Linda
#2
Re: Can I be sued ?
Welcome to BE.
This is Joizey...make sure your landlord isn't 'connected'.
You may be OK if you or the landlord can find another tennant. Are you allowed to sublet?
This is Joizey...make sure your landlord isn't 'connected'.
You may be OK if you or the landlord can find another tennant. Are you allowed to sublet?
#3
Re: Can I be sued ?
IANAL, but US federal and state (except Louisiana) law is descended from English common law, and I understand it is possible to apply to the courts in a common law jurisdiction to enforce a civil judgement obtained in another common law jurisdiction. I suspect that practically it would be difficult and expensive and the claimant probably wouldn't bother.
The uk.legal.moderated newsgroup (available on Google groups at https://groups.google.com/forum/?fro...egal.moderated ) might be worth asking on.
The uk.legal.moderated newsgroup (available on Google groups at https://groups.google.com/forum/?fro...egal.moderated ) might be worth asking on.
#4
Bloody Yank
Joined: Oct 2005
Location: USA! USA!
Posts: 4,186
Re: Can I be sued ?
The short answer is, yes, the judgment could follow you, although it would have to first be recognized by a UK court: http://www.mondaq.com/x/84790/Arbitr...nts+In+England
In practice, it may not be worthwhile for the plaintiff to bother. But theoretically, it could be done.
In practice, it may not be worthwhile for the plaintiff to bother. But theoretically, it could be done.
#5
Re: Can I be sued ?
The short answer is, yes, the judgment could follow you, although it would have to first be recognized by a UK court: http://www.mondaq.com/x/84790/Arbitr...nts+In+England
In practice, it may not be worthwhile for the plaintiff to bother. But theoretically, it could be done.
In practice, it may not be worthwhile for the plaintiff to bother. But theoretically, it could be done.
#6
Re: Can I be sued ?
If you plan to visit the US again. You may want to think about running from your obligation.
#7
Bloody Yank
Joined: Oct 2005
Location: USA! USA!
Posts: 4,186
Re: Can I be sued ?
Is there wage garnishment in the UK for collecting judgments in civil cases? If so, then perhaps that's something to worry about.
#8
BE Forum Addict
Joined: Feb 2010
Location: Temecula, CA
Posts: 4,759
Re: Can I be sued ?
I'd try to start a dialogue with the landlord first. An amicable resolution could potentially be reached. If you're leaving anyway then you've got nothing to lose by being up-front with the landlord.
#9
Re: Can I be sued ?
Technically they could win a judgement against you but collecting it is a different matter. Personally I wouldn't worry too much but I would try to reach an amicable agreement with the landlord, like paying a month's money. That's all.
#10
Forum Regular
Joined: Jul 2011
Posts: 65
Re: Can I be sued ?
If the rental market over there is anything like it is over here the landlord would probably be happy to see the back of you, as she would be able to put the rent up when relet.
Assuming you havent trashed the place.
Assuming you havent trashed the place.
#11
Re: Can I be sued ?
Some leases have payment penalties of a few percent if not paid. $13k might be the unpaid rent, but there could be interest the would compile monthly. If the landlord is a UK resident it might be worth their while to move the judgement to a UK court, and also move to collect attorney fees for the UK action.
#12
BE Forum Addict
Joined: Aug 2009
Location: Arizona
Posts: 4,130
Re: Can I be sued ?
If I leave the US and break the house lease I'm on can I be successfully sued ?
It would amount to $13k of unpaid rent.
I understand I most definitely could be sued and that the case would be decided in the landlords favor.
However, would the landlord have any ability to get the payment from me given that I would then be in the uk ?
And if so....would I have to pay her legal costs ?
The landlord is a uk citizen but lives in NJ. I'm in NJ too...for now.
Thanks,
Linda
It would amount to $13k of unpaid rent.
I understand I most definitely could be sued and that the case would be decided in the landlords favor.
However, would the landlord have any ability to get the payment from me given that I would then be in the uk ?
And if so....would I have to pay her legal costs ?
The landlord is a uk citizen but lives in NJ. I'm in NJ too...for now.
Thanks,
Linda
http://www.lsnjlaw.org/Housing/Landl...ng-Leases.aspx