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-   -   About First tenant (For people who has roommaters)and her rights on the apartment (https://www.askmehelpdesk.com/showthread.php?t=333020)

  • Mar 23, 2009, 07:36 PM
    John Bold
    About First tenant (For people who has roommaters)and her rights on the apartment
    Hi,

    I believe that my problem is going to help everybody who has roommates and problems :)

    I have a little bit problem with my apartment... let me explain what kind of problem I have right now...

    1 Guy who is tenant before me (who is find me for my room before he left his room) just left and I moved out to my room

    2 I had moved my apartment without any contract or something.. but I pay security deposit and 1 month rent also as soon as I got my room

    3 there is not any problem with my rents (it's going to be my third month here in 10 days)

    Now first tennant(not owner of the apartment) says that I can't bring my friends for stay over night...
    (I didn't invite any of my friend to my room after she said that) but last night
    My friend (The guy who is tenant of my room before me )stopped by for just talk...

    And First tenant said that I can't bring him here because she doesn't feel secure (he didn't do anything wrong or bad to her ((including stealing, arguing,or money situations etc ))... she just think this way cause for her he didn't tell her that he going to leave his room and find someone else for his room)

    In a result she is a kind of chinese girl who has some social problems

    After she offered me to kick my friend's out my room I said no, and we argued about it
    And she asked to me for leave my room and go somewhere else...

    I said I didn't do anything wrong (includes high volume music, party, drug etc )and I said I'm not going to leave...

    Now I really wonder that "can first tenant say anything about the people who comes to my room ??"

    What is my rights?? (based on law)

    Can she kick me out if she wants??

    Please somebody help me!! I just have 10 days

    Thank you
  • Mar 24, 2009, 08:54 AM
    this8384

    Did you get a copy of the lease agreement? Ask the landlord about having overnight guests; most will be fine with it as long as you're paying the utilities and they're not staying for weeks at a time.

    Also, I'd refrain from mentioning that your roommate is "a kind of Chinese girl with social problems" because that has nothing to do with anything.
  • Mar 24, 2009, 09:32 AM
    Fr_Chuck

    The issue is, who do you rent from, they are not "first tennat" they are your landlord, unless you are renting from the owner, the person who you have your agreement with is the landlord.
  • Mar 24, 2009, 10:03 AM
    John Bold
    Quote:

    Originally Posted by Fr_Chuck View Post
    The issue is, who do you rent from, they are not "first tennat" they are your landlord, unless you are renting from the owner, the person who you have your agreement with is the landlord.

    Landlord is a company who has a lot of buildings in my area... but that chinese girl signed for contract I guess...
  • Mar 24, 2009, 12:02 PM
    ScottGem

    You didn't answer whether you have any written contract or what. YOUR landlord is the person YOU rented from, not the company that owns the building.

    You need to define some things:
    1) how many people occupy the unit?
    2) how many bedrooms does it have?
    3) Who do you pay rent to?
    4) Do you have a written lease and with whom?
    5) are all the occupants on the same lease or are their different ones?
    6) what is the term of your lease and the term of the other occupant's leases?

    And any other details that may be important. But you need to answer at least those 6 questions.
  • Mar 24, 2009, 12:14 PM
    John Bold
    Quote:

    Originally Posted by ScottGem View Post
    You didn't answer whether you have any written contract or what. YOUR landlord is the person YOU rented from, not the company that owns the building.

    You need to define some things:
    1) how many people occupy the unit?
    2) how many bedrooms does it have?
    3) Who do you pay rent to?
    4) Do you have a written lease and with whom?
    5) are all the occupants on the same lease or are their different ones?
    6) what is the term of your lease and the term of the other occupant's leases?

    And any other details that may be important. But you need to answer at least those 6 questions.

    Thank you for your serious response...

    1) 5 people live here
    2) 5 bedrroms (no living room)
    3) to first tenant (chinese girl)
    4) no, I just had moved out (paid security deposit+ I pay always on the right time)
    5) I don't think they have lease or something
    6) ----

    What can I say to make her stop ask leave my room... Thank you a lot
  • Mar 24, 2009, 12:38 PM
    ScottGem

    Without a written lease, you are a month to month tenant. It also appears that your landlord is the chinese girl. She probably is signed on the lease with the building owners.

    What usually happens in such a situation is new roomies pay the security deposit which is given to the departing roomie. So if you leave you have to wait until they replace you.

    Frankly, I would be looking to get out of this situation ASAP. Without a written lease you have very little rights.
  • Mar 24, 2009, 03:03 PM
    John Bold
    And that company is not owner of the building... company owner of our apartment...

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