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Bunny0142 · Jun 27, 2012, 08:06 AM

Hi,

I took over someone's lease in October 2011. This was done by adding my name to the existing lease of the property. I paid all the rent and expenses and have maintained the property very well and stay alone (no roommate situation). The property however was handed to me in horrible condition in October. Nevertheless I paid the advance rent and took over. Now that the lease is due for renewal, I want to continue to stay however the person in question is not agreeing to come off the lease and is forcing me to vacate the apartment. He without my knowledge called the leasing office and gave them a date of move. He is extremely rude and sends threatening emails to me!
Is there anyway I can have the lease expire and sign a fresh lease with only me on it? What are my options to continue staying at this address considering I have been a perfect tenant and not have this individual harass me?

ScottGem · Jun 27, 2012, 08:10 AM

Talk to the property management or landlord. If he has given them notice he is terminating the lease, I see no reason, they can't just give you a new lease in your own name starting the day after the existing one expires.

AK lawyer · Jun 27, 2012, 08:11 AM

Originally Posted by Bunny0142

... I took over someone's lease in October 2011. This was done by adding my name to the existing lease of the property. ...

Did you sub-lease or did the landlord agree to modify the existing lease to provide that both of you would be the tenants for the remaining term of the lease?

Originally Posted by Bunny0142

... the person in question is not agreeing to come off the lease and is forcing me to vacate the apartment. ...

The "person in question" meaning your co-tenant? How is he "forcing" you to vacate?

Bunny0142 · Jun 27, 2012, 08:15 AM

Originally Posted by AK lawyer

Did you sub-lease or did the landlord agree to modify the existing lease to provide that both of you would be the tenants for the remaining term of the lease?

The landlord agreed to modify the lease to allow both of us to be tenants for the remainder of the lease. He was moving out of state (out of NJ) and I have been the only resident since.

AK lawyer · Jun 27, 2012, 08:18 AM

Originally Posted by Bunny0142

The landlord agreed to modify the lease to allow both of us to be tenants for the remainder of the lease. He was moving out of state (out of NJ) and I have been the only resident since.

OK. I don't see any way he could force you out. If you had violated the terms of the amended lease, the landlord might be able to, but not your co-tenant.

ScottGem · Jun 27, 2012, 09:29 AM

Originally Posted by Bunny0142

The landlord agreed to modify the lease to allow both of us to be tenants for the remainder of the lease. He was moving out of state (out of NJ) and I have been the only resident since.

NJ is a good state for you. A landlord has to renew a lease unless there is a violation. So I really don't see any reason for the landlord not to issue you a new lease.

And definitely no reason for you to be forced out.

Bunny0142 · Jun 27, 2012, 09:39 AM

That's good to know... Additionally since the lease expires on July 31st 2012, and I paid advance rent on this lease as part of security, I do not intend to pay my July rent, else when the leasing office splits the security check he will unnecessarily get half month's advance rent... Please advice whether I would be in violation for doing this?

ScottGem · Jun 27, 2012, 09:42 AM

You can't decide how the security is used. So, if you don't pay July, they could issue you a vacate order. You have to work this out with the landlord ahead of time. They may want you to replace his share of the deposit so they can return it to him.