Same property 2 leases in Phoenix (apartment, rental, condo)

[Rivercat]

My friend is a Chilean resident here for 18 months on a work Visa and as part of his work contract, he was required to sign an 18 month apartment lease for a condo that is incidentally owned by his employer. When he got here to Arizona, he learned that he also had a roommate who also had a lease for the same apartment (but who was paying $185 per month less). At that time my friend complained that he shouldn't have to pay more so they added an addendum to his lease that reduced his rent to $500, which was the same as his roommate, until his roommate's 12 month lease was up. Upon the expiration of the roommate's lease, his rent would go back up to $685. Well that time has come and now his rent is increasing and it is beyond his means. When he was first approached, he believed that his pay would be increased by the amount of his rent to cover this so he wasn't concerned but that isn't the case and his rent is actually being payroll deducted. Being a non US resident, is there any chance he can get our of this lease to find more affordable housing? He still has another year on his work Visa.

[matyoka]

What does he have to lose if he gets out of his lease? He could probably lose his job and his work visa(unless he finds a new employer FAST). Don't forget that his work visa is not set in stone and is influenced by the hiring company. He has no credit therefore it will not ruin his credit rating. It appears that his employer is running a monopoly by making his employees rent from him. I have never heard or seen anything like this and have been working around work visas for a decade. See if he can get a pro-bono lawyer to look into is case, I believe that he is being held "hostage" hy his employer's policies. It might even get bigger if someone could prove a case of extorsion... Keep us posted.

[Rivercat]

Thank you for your thoughts. I agree with you 100%. This just doen't sound right. The company is getting back everything they are putting into their employees via rent and it is unfair at best. My friend is most concerned about losing his job and is almost certain that pursuing this line will lead to that, though I smell a huge lawsuit if he is wrongfully terminated for reasons unrelated to his job performance. He has approached the property management and they went nuts when he asked them if there were other options open to him. I'm going to try and find him some legal assistance. I was just hoping that maybe someone out there could tell me whether or not he was subject to the same rules and regs regarding landlord/tenant laws since he is not a US resident and there are 2 active leases on the same property. Crazy!

[ReadyFreddy]

It sounds like your friend signed the lease agreeing to pay $685. If there was nothing in there about a pay raise, I would imagine he has no leg to stand on.

[Jkgourmet]

How about a simple solution (maybe): find a roommate to help pay the rent for the remaining 6 months.

[S. Chris Webb]

"I was just hoping that maybe someone out there could tell me whether or not he was subject to the same rules and regs regarding landlord/tenant laws since he is not a US resident and there are 2 active leases on the same property."

He is subject to the same rules & laws regardless of his residency.

About the two active leases - was he aware of this when he first signed? Seems that could be a way out, but since he subsequently agreed to it, he is probably stuck with it. However, without seeing the actual lease it's impossible to say. This is in the realm of legal advice. He should ask an attorney. One of Arizona's foremost landlord-tenant experts is Andrew Hull. Perhaps he (or his staffers) will be able to answer - he answers many questions online or by phone.

"How about a simple solution (maybe): find a roommate to help pay the rent for the remaining 6 months."

This may or may not be a solution. Most leases specify that any roommates will have to be approved and become a party on the lease, with landlord approval.Getting a roommate without approval could be a strict violation of the lease.
Best of luck to your friend in resolving this.

[Rivercat]

Thank you. You have all been most helpful. I reviewed his Rental Agreement and it does specifically preclude him from subleasing or getting a roommate of his own. My guess is that's because they will have another roommate in there under another lease, who is also here on the same type of J-1 Visa working for the same company. I found a number for Visa immigrant rights and treatment issues and will pose all of these things to them for advice since the info I found does address housing and how it should NOT be payroll deducted. If there is no wrong doing, then my friend needs to read the fine print better next time. If this company is taking advantage of visitors and making some extra cash that they shouldn't be making, that'll come out too.

[ReadyFreddy]

I don't know the situation, obviously, but maybe the company owns the apartment/condo and leases it to non-res employees as a perk to the employees? I know many companies that keep a furnished condo for out-of-town executives and other situations. They don't do it for profit but as a convenience to traveling workers. To me, it sounds rather caring for a company to offer foreign workers visas and a furnished apartment.

If the situation is bad for him, can he quit his job and get out of the lease? I can't imagine being stuck working for a company for another year if I believed they were trying to milk me for a little extra rent money. I think I'd rather go back to Chile.