Someone took my spot in the apartment with out my consent and my name is still on the lease, what do I do?
Sorry I know this is long BUT I REALLY NEED THE HELP!
I’ve asked pretty much the same question before but still haven’t gotten a good enough response. But basically I had to move out of my apartment which I had a roomate in to move back home for personal reseasons. I can’t sublet the place because its against the rules, and I tried finding another person to replace me as a roommate but the guy I was living with had to sign off on it and he wouldn’t do it unless he knew the person which is understandable. I found someone he knows, the only problem is that there is still a hold on the guys name from another complex because the people he was living with owe money, so basically until his name is cleared he cant get approved. On the side I’ve already moved all my stuff out but I have still paid this months rent, and plan to do so since I have no other option until the guy gets approved. Now heres the thing, the guy that cant get approved moved all his stuff in the apartment becuase my roomate lent him his keys and let him and now he’s living in my room unnaproved and not consented by me or the apartment complex and my roomate and the guy taking my spot are giving me the runaround saying that they dont really have time to take care of the paper work to do this all in a orderly and proper manner. What should I do to either get my name off the lease or get these guys in place to take care of this stuff?
THANK YOU FOR THE HELP!!!!1
Zachary
August 6th, 2009 at 9:38 am
Florence
Tell the landlord or make the guy pay you for the month of rent you already paid for. The landlord should be able to call the cops b/c the guy is staying rent free, so I guess he is technically a “squatter.”
August 9th, 2009 at 6:52 pm
Ronald
You have to tell the landlord
August 12th, 2009 at 10:47 am
Wesley
NO ONE can occupy your unit without your permission. IF you can
prove that the LL did this, you may leave and stop paying rent.
The law says the LL cannot be “unjustly enriched.”
HE can’t blackmail you or collect from 2x dif people.
I would at a minimum go to small claims court
and seek a judgment from a judge as to who is responsible for the
rent.
and/or
find a replacement roommate at your pleasure WITHOUT
informing the LL
it is called a “sandwich Lease.”
available to guide you further
August 14th, 2009 at 7:19 am
Julia
First, the new guy has to pay his share of the rent or leave. If the new guy hasn’t paid, then you need to follow the same eviction for non-payment process as any landlord would to remove a tenant. Ultimately, you may need to take your roommate and the new guy to small claims if the new guy doesn’t pay his share.
As for your landlord, you and your roommate are in violation of your rental agreement by allowing the new guy to live there. Your landlord may enforce their policy and force the two of you to remove the new guy. Otherwise, the landlord may overlook the new guy as long as the new guy doesn’t cause problems and the rent is paid on time.
There is no way the landlord will allow you to remove your name from the lease until the new guy is approved. You’re basically acting as the new guy’s landlord and co-signer. You can risk trying it out until the lease ends or try to find a more qualified roommate.
You can’t force your landlord to remove your name from the lease and you’ll have to go to sue your roommate and the new guy in small claims to force them to pay their share.