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needrenthelp · Sep 12, 2006, 07:21 PM

I moved into a 2 bedroom apt that already had 1 tenant living there. We never signed a lease but paid the rent 50/50 each month by sending in separate checks. She moved out and did not find a replacement roommate and now the landlord is saying that I owe the last two months FULL rent (I was sending in my 1/2) after I told him that there is an extra b/r and he said he would post for another roommate and I would do the same. He has since filed with a lawyer wanting full rent for the last few months and is holding on to my security deposit to cover part of it. I found a roommate but now they are saying he can't move in because the apt is in litigation. What are my rights? What can I do?

RickJ · Sep 13, 2006, 04:07 AM

I think you're out of luck. See the first paragraphs here.

The only way out of this would be if you had separate leases where each of you were responsible for half of the rent.

Sorry to be the bearer of bad news. :(

ScottGem · Sep 13, 2006, 05:54 AM

This is actually a curious situation. While I agree with what Rick has indicated, there are some interesting extenuating circumstances. The main point, which you didn't make clear, is how you got this apartment. It sounds like you dealt with the landlord directly (giving him a security deposit). You also indicate you paid your half of the rent directly to the landlord.

If that is the case, I think you can, convincingly, argue that the landlord rented you only half the premises. That this was not a roommate situation, but that you were a direct tenant for the space you occupied.

A lot hinges on how you found this apartment, whether it was through the previous tenant or directly through an ad from the landlord. If it was the landlord's ad and it specified sharing the apartment, In my opinion, you are off the hook.

Now I'm not an attorney, so I would strongly suggest you discuss this with one.

For future reference you should never rent without a lease. Its one thing to not renew a lease and go to a month to month. In that case the provisions of the lease still govern. But to move in without a lease is just asking for trouble.

Fr_Chuck · Sep 13, 2006, 06:06 AM

I will agree with Scott here, if you rented directly from the landlord , not from the other tenant, and you agreed with him to pay a certain amount for your 1/2 , then you rented 1/2 of the apartment,

If you rented from the other tenant then it is a different story.

So you need to be more clear how you got the apartment, and what the actual agreement was and with who you made any agreement.

** note never rent or lease without a written agreement.