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Well My best friend of 12 years and I moved into a apartment. I was informed it was just going to be us living there. Well a month after we moved in her boyfriend moved in. He has been living here rent free and doesn't help out at all. He is always fighting with me, etc. Well, her mother decided to take over all the bills etc against my will and lets him stay over without paying rent. I was wondering if there was a way to get out of my lease or if there was a easy way to have him take over the lease.

2006-08-13 15:57:25 · 15 answers · asked by littlebabyjag 3 in Business & Finance Renting & Real Estate

15 answers

You can have a chat with your landlord and tell him the situation. Tell him you very much want the apartment, but you did not bargain on the boyfriend moving in and you want him to move out. You can make a little agreement with him, if he's willing, to do a 3-day-or-quit notice based on the violation of the lease. This means that the issue stated in the notice, i.e., third tenant, has to be remedied or you all will be evicted.

This would be a little conspiracy between the two of you and it's risky if your roomie doesn't comply, but it's worth a shot. It also gives you leverage by saying something like, "See? I told you he couldn't live here and now we're all going to get thrown out if he doesn't go." The boyfriend will leave or both of them will leave, but make sure you can handle the place yourself and get her off the lease as soon as she's gone.

Good luck.

2006-08-13 16:09:48 · answer #1 · answered by misslabeled 7 · 1 0

Basically, you're screwed. Best case scenario would be a calm discussion between you and the roommate asking you to be taken off the lease and have her/her boyfriend/mother on it instead. This means you have to move somewhere else and all the hassles that go with it. A less attractive but thoughroly effective way is for you to inform the landlord that someone outside of the lease is staying at which point the landlord will demand that person be added. Either the name will be added and animosity will rule the household forcing one side to leave, or your roommate will refuse to add him to the lease and leave in a huff. What you then have to worry about is the "last man standing" rule of leases. If everyone else moves out and you stay, you get stuck holding the bag, the landlords will go after you for all rent and damages for the duration of the lease

2006-08-13 23:12:19 · answer #2 · answered by xtowgrunt 6 · 0 1

I would approach her, using your lease contract as your back up, and inform your roommate you are in violation of the lease. While the boyfriend might not be paying a portion of the rent, I doubt your landlord would be so understanding. 2 people signed the lease, additional "houseguests" are usually not allowed under any rental agreement. There is often a small paragraph regarding how long guests may stay on the premises, as well as parking issues.

It's time to move out and move on. Sooner rather than later may spare any hard feelings. If you roommate refuses to let you out of the lease, read through it carefully and find the "cancellation" clause.
Good luck...

2006-08-13 23:09:00 · answer #3 · answered by Anonymous · 0 0

you do have options, one question first, you said your roommate mother has taken over the bills, are you paying toward the bills or just letting her pay so boyfriend can stay?

Who is the landlord of the place? you will have to read the lease to what it says about extra people staying/quest etc? I f the landlord is an independent third party you can ask the landlord to enforce the lease where only two people are on it

or you can go to landlord have him sign onto lease and you cancel your part of lease, but at this point he is living rent free why change

best bet is threw landlord

2006-08-13 23:10:38 · answer #4 · answered by goz1111 7 · 0 0

It's hard when you move in with friends, sadly it usually doesn't work out well. You should be able to get out of the lease since technically your roommate has already broken it by allowing another person to move into the apartment. Tell your landlord that your roommate's boyfriend will be taking over your portion of the lease.

2006-08-13 23:04:34 · answer #5 · answered by MELISSA B 5 · 1 0

If your friends mother was somehow able to "take over the bills", you really aren't mature enough to have a place of your own. No one can take your responsibilities away from you without your consent. Nor can someones mother dictate who can move in without your consent.

Approach your landlord and tell him or her that you have allowed yourself to be bullied by these people and it has gone too far for you to extricate yourself on your own. They may let you out of the lease. If so, get it in writing.

Or they may serve a notice on the additional tenant, telling them to move. Does your lease only allow for two occupants?

Or you could file to evict the subtenant on your own. You would need to consult with a lawyer to find out the exact notifications and procedure, but you would be able to do it.

2006-08-14 08:31:09 · answer #6 · answered by BoomChikkaBoom 6 · 0 0

most states have a lease law for problems like this.also,most rentors specify on the lease by name who will be living in the dwelling .If a person moves in and their name is not on the lease the landlord has a right to throw them out and can even terminate the lease with an order for the leased tenants to also move out and ,or continue to pay the agreed amt.until the contracted agreement is paid in full.the leased tenants also are liable for any added expense caused by the added person.it would be in your best interest to read your agreement again and maybe even go to the landlord with your situation.you may lose a friend,but a real friend would not have put you in this situation in the first place.I hope this helps.THE NOVA....

2006-08-13 23:18:48 · answer #7 · answered by nastynelly 1 · 0 1

If he did not sign the lease he has no right to stay there. Although with your okay he can still sign the lease. You should be able to speak with your apartment manager about this. Get the manager to rewrite the lease with your best friend and her boyfriends signature. There should be no problems unless you want to stay there. If you do ask him nicely to leave then contact the manager.

2006-08-13 23:07:04 · answer #8 · answered by Anonymous · 1 0

Depends on local laws, but generally if HE's not on the lease, he's not supposed to be living there. Read your copy of the Lease agreement to be sure. Doesn't matter who's paying the bills, if he's not legally supposed to be there. Talk to the landlord/apt manager.
Do you just argue with him, or does he threaten you or get physical??

2006-08-13 23:12:22 · answer #9 · answered by jagfanantic 3 · 0 0

Its a bit sneaky but you could go to the landlord and let them know he is living there without being on the lease and most likely they will do something about it.

2006-08-13 23:04:31 · answer #10 · answered by hechicera_de_la_alma 3 · 3 0

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