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    iandthou2's Avatar
    iandthou2 Posts: 5, Reputation: 1
    New Member
     
    #1

    Dec 8, 2008, 03:09 PM
    More than One Tenant/Lease
    My lease with my LL indicates I will be the only tenant. E.G. (I) under number of occupants he wrote "N/A" and "tenant will cohabitate with LL" (which is true: it's his condo and I have one bedrm and we share common spaces). The line that asks that ALL OCCUPANTS of the property be named is left blank.

    AFTER lease was signed LL emailed me there would be another roommate -- a friend of his -- who has been living with us AND paying him rent (though I don't know if the other tenant has a lease). IS THIS LEGAL? The lease itself was never amended to indicate a 2nd tenant.

    I didn't protest because I didn't think I had a choice. But for various reasons the situation is intolerable.
    I think I can get out of the lease. But I'm more interested in:
    CAN I ASK FOR COMPENSATION, E.G. A REDUCITON IN RENT SINCE THERE IS A SECOND TENANT? By "reduction in rent" can I ask that he repay me part of what I've paid? I paid him a lot of money with the idea two of us would be sharing this property, not three.

    And/or can I tell him that the situation he has set up is just plain illegal, so he would be wise to not give me a hard time as I leave? Just having that "leverage" would help me.


    What are my options, i.e. who is in the right in this case?

    AND, any specific recs on people or offices that can help me? I'm in Philadelphia.

    By the way, I don't think his friend -- the co-tenant has a lease; he just pays him rent, but without a lease...

    This -- my dispute, my moving -- is all happening right now, in early December, so I would appreciate an hints, leads or answers asap!!

    Thanks

    G
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Dec 8, 2008, 03:28 PM
    Quote Originally Posted by iandthou2 View Post
    My lease with my LL indicates I will be the only tenant. E.G., (i) under number of occupants he wrote "N/A" and "tenant will cohabitate with LL" (which is true: it's his condo and i have one bedrm and we share common spaces). The line that asks that ALL OCCUPANTS of the property be named is left blank.

    AFTER lease was signed LL emailed me there would be another roommate -- a friend of his -- who has been living with us AND paying him rent (though I don't know if the other tenant has a lease). IS THIS LEGAL? The lease itself was never ammended to indicate a 2nd tenant.

    I didn't protest because I didn't think I had a choice. But for various reasons the situation is intolerable.
    I think I can get out of the lease. But I'm more interested in:
    CAN I ASK FOR COMPENSATION, E.G., A REDUCITON IN RENT SINCE THERE IS A SECOND TENANT? By "reduction in rent" can I ask that he repay me part of of what I've paid? I paid him a lot of money with the idea two of us would be sharing this property, not three.

    And/or can I tell him that the situation he has set up is just plain illegal, so he would be wise to not give me a hard time as I leave? Just having that "leverage" would help me.


    What are my options, i.e., who is in the right in this case?

    AND, any specific recs on people or offices that can help me? I'm in Philadelphia.

    By the way, I don't think his friend -- the co-tenant has a lease; he just pays him rent, but without a lease....

    This -- my dispute, my moving -- is all happening right now, in early December, so I would appreciate an hints, leads or answers asap!!!

    Thanks

    G

    My reading of this is that the terms of the contract (which this is) must be explicit in the contract. It says, "tenant will cohabitate with LL" and, in fact, you do. I see no language in the written contract that there will be no one else living there.

    I see no grounds for other than discussing the rent situation and hoping the landlord is reasonable. However, if I own a house and I rent a room to you for $1,000 a month and you agree to it and I rent another room to someone else for $100 a month there is no inequity. You agreed to pay $1,000 with no conditions. I don't have to split the costs/expenses/rent evenly.

    I'm not sure you have grounds to break the lease unless you can prove some sort of oral agreement and I will be surprised if the Judge will not say the contract must within the 4 corners of that page and so whatever else was said should have been written down. You cannot verbally modify/change a written contract and that might be how this is perceived.

    I'm in NY - hopefully someone else will come along with some other opinions or thoughts.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Dec 8, 2008, 05:25 PM

    Well the way I read it that the will not have any other tennants in the same room, ( they can not have someone in their room)


    The lease is for the room and use of common areas.

    It seems to be a valid lease

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