I'm a subtenant living in a house with my roommate. The lease is under my roommate's name and she is moving out next month when the lease ends. Do I have the right to renew the lease or continue to stay if the landlord refuses to renew the lease? Actually the landlord had sent the lease to me two months ago, I signed and faxed back. Now she refuses to sign because of two reasons:
1. I asked her to address the repair issues but she refused (one bedroom door can not be closed, two windows can not stay open and she asked us to use two bars to hold the window, etc);
2. She lives away from here. She said she will not sign the lease untill she received security deposit first. But I think I should see her signature on the lease before I send money to her.
She has started looking for new tenant, if I continue to stay and pay rent till I find another place, can she evict me legally?
Thanks,
2007-05-12 17:41:26 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
You aren't going to get a usable answer to your question if you don't say where you are. The law is different everywhere.
If you are in NJ, she won't be able to evict you, but she can start the eviction process if the lease says you must give her a security deposit. Then she can give you a notice, and you will have an opportunity to either pay the deposit or she will go ahead with the eviction process. This can't happen until after the start date of your lease.
In NJ, it won't matter at all that she didn't sign your lease as she is the originator of the document. Her consent is presumed.
You can always call the building or housing inspector to get the repairs ordered done.
2007-05-13 06:59:16 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Answers:
1) Landlords need to profit. Tenants tear up housing offered.
2) This is normal. You can put the money in escrow and she can pick it up when she wants to deliver her lease to that same escrow. Or, just travel to her with your $$ and trade her for it.
Yes, the LL can evict you--even breaking the lease too.
Regarding the repairs, see 1).
Regarding the her signing the lease, see 1).
"Do I have the right to renew the lease or continue to stay if the landlord refuses to renew the lease?"--You do not renew a lease, only the LL does that. The tenant accepts an offered lease or renewal of lease.
2007-05-12 17:58:45 · answer #2 · answered by Anonymous · 1⤊ 1⤋
Until you come up with a security deposit and she signs the lease, you don't have a lease. You can be evicted as a trespasser very quickly once the current lease expires. In most jurisdictions you can be charged double or treble rent if you hold over on top of having to pay all of the costs of the eviction.
Neither of those repair issues renders the place unfit for human habitation or inherently unsafe. As such, they don't give you much leverage to force repairs or break an existing lease. Since she has shown her true colors in refusing to repair them, you'd be best off by finding another place to live.
2007-05-12 18:02:25 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 1⤋
Yes she can, and if you are not legally on the original lease she can actually have you arrested for trespassing. Especially if the lease specifically says no subleasing. Normally, if you signed the lease originally you have until she goes to court and the court orders you evicted. (normally a two to three month process and is very costly.)
Your best solution is to find a new place. As far as the repairs the most you can do is report her to your local landlord/rentor's association if you have one.
2007-05-12 17:56:58 · answer #4 · answered by viking165301 2 · 1⤊ 0⤋
Legally if your not on the lease she can...
If you are on the lease you are okay till the lease expires.
And the landlord does not have too renew the lease!
But as long as your under a lease she cannot evict you unless you break the lease
2007-05-12 17:50:47 · answer #5 · answered by Revenge X 2 · 0⤊ 1⤋
Hi,
Yes, she can do a no cause eviction. My suggestion is to find another place, or send her the deposit she has asked for. You do realize that SHE owns the property, and you don't. She's looking for a new tenant because you're a possible problem in her eyes, and I may have to agree with her. My question is did you break the doors and window. They never break by themselves, but many tenants would like us to believe that!
2007-05-13 06:13:28 · answer #6 · answered by skiingstowe 6 · 0⤊ 1⤋
while renting a room or a house, the owner will many times do 6 month inspections on the living. to that end, if there became an emergency pronounced, including a rodent issue, they could have had to do an emergency get admission to into your room to exterminate. in the event that they discovered which you have been the source of the issue, then confident, they could provide you a 30 day be conscious to vacate the premises.
2017-01-09 18:15:27 · answer #7 · answered by josephson 4 · 0⤊ 0⤋
Its a no win deal complain and she will look for ways to get you out. Be polite look for a good land lady
2007-05-12 17:52:42 · answer #8 · answered by Grand pa 7 · 0⤊ 0⤋