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I am currently living with a "friend" who is the lease holder at our townhouse. I am listed on the lease as an occupant. We have 6 months remaining on the lease but he has decided to move closer to his new job. We tried to put the lease in my name but because I have no rental history they want a 2 month deposit. This all took place May 18 and he is now telling me I have until May 31 to be out. He says as soon as he tells the office he is leaving I have to go as well. Do I have any rights here at all? Is this legal?
I suppose if coming up with the deposit isn't possible moving is in your immediate future.
With my tenants, I explain how the process works and stress no matter what they will be moving... it can be easy in that we come to an agreement or difficult through the courts... having an eviction on record is something that can come back on you later.
I think your issue is with your friend and not the property owner.
I am currently living with a "friend" who is the lease holder at our townhouse. I am listed on the lease as an occupant. We have 6 months remaining on the lease but he has decided to move closer to his new job. We tried to put the lease in my name but because I have no rental history they want a 2 month deposit. This all took place May 18 and he is now telling me I have until May 31 to be out. He says as soon as he tells the office he is leaving I have to go as well. Do I have any rights here at all? Is this legal?
Thanks
If he is the lease holder then he is obviously not giving the sufficient notice required to vacate. Is it a month to month lease or annual and do you pay rent monthly or weekly? As far as I know, 30 days is the minimum notice to vacate if you pay rent once a month and in some instances, depending on what the lease states as well as your state rental laws, more notice may be required.
But, if it is an annual lease and you are breaking the lease before the end of the lease term or you/he are not giving sufficient notice to not renew the lease that is specified in the lease then there are also monetary penalties for breaking the lease.
You need to read the lease plus your state's rental laws for answers or consult with an attorney or tenant resource center in your area.
A lease that has six months remaining is still enforceable. If either of you vacate prior you will have breech terms. The lease supersedes your friend telling you when you have to leave. He is not the landlord. I believe a judge can issue an eviction, or a landlord can release all parties ...but your friend? Hardly.
All tenants on lease are accountable to the terms and regulations and amounts due.
The only time I have seen folks being allowed to early exit is under military terms ( being assigned out of area) or showing proof that they are buying real estate. But that is at the discretion of the landlord and the lease terms.
A lease that has six months remaining is still enforceable. If either of you vacate prior you will have breech terms. The lease supersedes your friend telling you when you have to leave. He is not the landlord. I believe a judge can issue an eviction, or a landlord can release all parties ...but your friend? Hardly.
All tenants on lease are accountable to the terms and regulations and amounts due.
The only time I have seen folks being allowed to early exit is under military terms ( being assigned out of area) or showing proof that they are buying real estate. But that is at the discretion of the landlord and the lease terms.
Except he isn't a tenant he is an occupant and as such has no obligation from the LL. The OP is still owed proper notice from the lease holder and because that isn't being given he would need to sue for his damages in court.
OP, your friend is moving. You are his guest and need to get packed and out when he is out.
You are not on the lease, so the landlord does not have to give you notice because the landlord is not the one who initiated the move. The lease break fee is between your friend and the landlord.
None of it concerns the landlord unless you refuse to move and get yourself evicted as being an unauthorized tenant. The Landord has said that if you want to stay you must pay a deposit. Either pay the deposit and sign a new rental agreement or get out when the lease holder vacates.
Since you are listed as an occupant, not as a tenant, you unfortunately probably have no right to stay there after your friend leaves.
However, we need a few more specifics: did your friend negotiate a lease break and pay a fee with the landlord, or is he just planning to tell them he's leaving on May 31st? If he has negotiated the lease break and given proper notice, the lease ends on May 31st provided that everyone, including you has vacated the unit. If he did not give notice yet, the lease will remain in effect (depending on what state you are in) until the landlord finds a new tenant.
Also: although you are not listed as a tenant on the lease, do you pay rent money to your roommate? If so, you could be seen as a subtenant to your friend on a verbal monthly agreement, in which case you could be owed 30 days notice to move. But this becomes a very messy situation if it conflicts with the agreement that your friend has worked out as a landlord.
Either way you will probably have to move. In some particular circumstances you may however be owed more time.
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