[LKWIII]

I am in a roommate situation that has become very complicated. I rented a room from an original lease holder; month-to-month no written sublease or agreement (began March 2005). Sadly, after about 6 months of my living in the house, the leaser became ill and past away.

His friend from Louisiana (affected by Katrina) came up to wrap up his affairs. We came to an agreement to sign a new lease with the landlord; I would continue to live near my school and she would get away from New Orleans. For some reason, the landlord's lawyer asked for one name on the lease and Ms. Louisiana ended up with her name on the lease. We idealistically saw ourselves as a team and were going to make the arrangement work.

Fast forward a year. Cooperation has fizzled and major personality traits have become clear. I am typically neat and orderly and focused mainly on my work and taking evening classes. She works part time, doesn't keep public areas neat, and has revealed a serious drinking problem. Any request from me for cooperation or fairness is dismissed. Her stance now is I am there at her prerogative and have so right to ask anything of her. I am lucky to be so close to my school and paying the rent I am. She also has decided to raise my rent above an equal half, "in this neighborhood you would be paying twice as much anywhere else! You should consider yourself lucky."

I obviously need to move on, and plan to do so as soon as possible. However, with the cost of continuing my education, I do not have a current monetary reserve to cover a move ASAP. What rights do I have if she continues to raise the rent? If she asks me to move immediately? Do I have a right to put a lock on my door she doesn’t have a key to?

[ScottGem]

Frankly, it would appear you have no more than squatters rights. Since you have no documentation that you are entitled to live there, you are in a tenuous position. Her name is the only one on the lease, so its her apartment. You may be able to prove that you lived there prior to her taking over the lease, but that would only matter if it came to a court. On the other hand, if she raises the rent and you don't pay the increase, she can evict you. But that that would require a court proceeding.

I would not hesitate about putting a lock on your private space, but I would be looking to get out of there ASAP.

[LKWIII]

Thank you. We have a relationship with the landlord (actually Ms. Louisiana has her over for dinner on occation). And our neighbors, friends and landlord all could confirm my recidency history there months before she came on board. Of course, I do not want it to get to the point of going to court. I just want to know what I can do to protect myself until I can line up funds for a new place to live.

LWIII

[ScottGem]

Who do you pay rental to? Sounds like you pay it to Ms Louisiana. This was also a mistake. If you are on friendly terms with the landlord, then I would go to her and ask that the lease be amended to add your name and make your payments directly.