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Old 11-18-2009, 02:55 PM
 
6 posts, read 48,851 times
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Default What are my rights as an occupant on a lease??

I am living with a roommate and we are no longer getting a long. The lease is in her name, I am only an occupant. We live at an apartment, so we don't really have a landlord. She is very wishy washy and I am afraid that she might be able to kick me out whenever, because she is the leaseholder. I always pay bills on time, and cooperate with her, there has never been a problem with that, so I just really need to know the legal part of it. Thanks =)
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Old 11-18-2009, 03:22 PM
 
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You're not listed on the lease at all? That's odd, I know the properties that my wife manages require *everyone* living there to be on the lease...

If you're not on the lease I'm not sure how many rights you really have.
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Old 11-18-2009, 03:25 PM
 
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I am on the lease, just listed as an occupant...like they know I am living here..
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Old 11-18-2009, 03:26 PM
 
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I know in SC after 3 months (i think) you have as many rights as the lease holder. About 10 years ago, my roommate kicked me out and changed the locks with all of my stuff inside. I took her to court (she was a cop. she got fired! lol!) and won. It was called an "illegal ouster." I just had to go to the magistrate and pay $10 to file it. Hopefully you won't be in the same situation. Can you find another roommate?
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Old 11-18-2009, 04:13 PM
 
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Oh, well, if you're on the lease, I would expect you'd have all the same rights as your roomie - i.e. she couldn't kick you out of the apartment, as you have just as much right to live there as she does. I would check with the leasing office at your apartment complex and the local PD, as well, to make sure you know where you stand.
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Old 11-18-2009, 04:21 PM
 
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Thanks so much! I think i'm ok, but she is just crazy! so hopefully everything will be fine!
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Old 11-18-2009, 05:24 PM
 
Location: caribbean island
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Quote:
Originally Posted by confusedincharlotte View Post
I am living with a roommate and we are no longer getting a long.

One silly, silly question: If you're not getting along, why do you want to live there?
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Old 11-18-2009, 05:33 PM
 
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Because I am in school, live out of state, and it's a hassle to move during school...I am almost done, moving out as soon as I am finished with school
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Old 11-18-2009, 05:46 PM
 
Location: caribbean island
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Good luck.
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Old 11-19-2009, 09:43 PM
 
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The leaseholder is the only one who has any rights to the apartment. The leaseholder is the only one who if rent isnt paid would be taken to court etc. The occupant of the apartment has no rights. They are strictly just an occupant of the apartment. Most likely, all that was done for you to be an occupant is just a criminal background check. Also, if you moved out you owe her nothing unless you and her have a legal agreement between the two of you?
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