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    dbaddorf's Avatar
    dbaddorf Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 3, 2014, 07:11 PM
    Can I be forced to move also
    I'm living with someone as a room mate, but don't pay rent because that wasn't the agreement. I do have cable/interent in my name here and receive mail. The
    Agreement we had was that he would going to put me on his lease and when it was up at the end of the month he would renew it with me on it and I would take over the rent payments at that point. Well he didn't inform the property manager of this and now they are saying that once his lease is up he has to move. What are my rights as the room mate, even though I never signed the lease. I do not want to move, I have a 8yr old with me and we are trying to get back on track. What can happen if I don't leave at the end of the month?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Feb 3, 2014, 07:19 PM
    Unfortunately you don't have any rights beyond those of a month-to-month tenant. If you don't move out when the lease is up the landlord can give you a notice to vacate and if you still don't move then the landlord can file a lawsuit for eviction.

    Have you tried speaking to the landlord about having a new lease prepared in your name?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Feb 3, 2014, 07:58 PM
    Your rights as a roommate are the same rights as a tenant with a landlord. However, he is your landlord and if he is no longer the lease, then your rights to the unit end.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 3, 2014, 10:59 PM
    I am sure the landlord will allow you to get a lease of your own, and you pay the rent.

    You don't expect to live there without paying, after the roommate moves?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Feb 4, 2014, 05:49 AM
    I'm not as sure as Chuck. It is certainly a possibility that the landlord will extend a lease to you. A ready made tenant with no gap is nothing to ignore. But I don't know what their requirements are or whether you will meet them. They will want to do a credit and background check etc.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #6

    Feb 4, 2014, 06:03 AM
    As everyone else said... why would you think you would continue to get a free ride through life. The property owner doesn't care about any agreements you had with this other person... because those all end when their lease with the landlord ends. Technically you were a subtenant and those are always subject to and subordinate to the terms of the original lease.

    Sure the landlord might let you stay... but only if you sign a lease and pay full market rate for the rent... the free ride is over.

    So what can you do... you call one of your local women's shelters, impose on some friends... mooch off family. You need to start looking into any of those options immediately.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Feb 4, 2014, 06:11 AM
    Whoa, The OP said "I would take over the rent payments at that point". She is not looking for a free ride. The problem here is solely that the roommate and lessee did not renew the lease so the landlord has terminated it giving him until the end of the month to vacate. So she can try to negotiate a new lease with the property management. And since they are telling him to move, they may have already rented the unit since he didn't renew.

    So she needs to talk to the property manager, explain the situation. If they haven't rented it, they may decide to give her a lease if she qualifies. If they decline to do so, then she has to vacate with the roommate or face eviction.

    She has no rights to stay in that apartment unless she signs a new lease.

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