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Hello all, I'm in a frustrating situation. Back in July I decided to move in with a friend of mine. But because my credit isn't great I did not sign a lease and I'm living here without consent of the landlord. The thing is i signed a written agreement my friend made to pay rent here for 12 months. I now want to leave badly as we aren't getting together well but I'm worried he will threaten to take me to court because I signed the agreement. My question is what's my.best option to leave? Will the.written agreement hold up in court even tho I'm living here without landlords consent? Can they sue me for 12 months rent if I leave?
Your agreement is with your friend regardless of their situation with the landlord so yes you have to fulfill the agreement of your signed paperwork or they could seek damages. The landlords situation with your friend is a whole other issue that they may have to deal with.
Hello all, I'm in a frustrating situation. Back in July I decided to move in with a friend of mine. But because my credit isn't great I did not sign a lease and I'm living here without consent of the landlord. The thing is i signed a written agreement my friend made to pay rent here for 12 months. I now want to leave badly as we aren't getting together well but I'm worried he will threaten to take me to court because I signed the agreement. My question is what's my.best option to leave? Will the.written agreement hold up in court even tho I'm living here without landlords consent? Can they sue me for 12 months rent if I leave?
I don't know what a judge would do. Roommates aren't really covered under landlord tenant law and there is no roommate law that I know of.
Yes, your roommate can take you to court. Anyone can take anybody to court for anything.
You can make the point that the roommate rented you a place that he has no right to rent. That might fly, it might not. It mostly depends upon the luck of the draw and which judge you appear under.
You can stay, risk leaving, or see a real estate specialist lawyer and pay him for his opinion
He hasn't taken you to court yet. And you haven't moved out yet. Couldn't you just tell him that it's not working out, and that you're going to move out? Then, if he protests, or threatens you, tell him that you'll send a copy of the (very likely illegal) sublease to his LL. Do you even have a copy of this paper that you signed? Because if the LL sees it, he's gonna possibly evict the guy.
i signed a written agreement my friend made to pay rent here for 12 months.
I now want to leave...
It happens every day.
Quote:
...worried he will threaten to take me to court because I signed the agreement.
Can they sue me for 12 months rent if I leave?
They could try... but it would never work.
Quote:
(whatever might happen with a) court even tho I'm living here without landlords consent?
Yes. You made a deal with your friend. Don't roger him for it.
The flipside of your friend being all official with the lease and pretending he's a landlord
is that he now gets to have the responsibilities of a LL. #1 being to replace you asap.
He needs another source for that rent income and he needs it quick.
Until he can find someone... you're on the hook.
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Quote:
...what's my.best option to leave?
Best? Dunno. Only? Take care of #1... work the rest in around that.
Pack up and roll on out. Work your life.
Hello all, I'm in a frustrating situation. Back in July I decided to move in with a friend of mine. But because my credit isn't great I did not sign a lease and I'm living here without consent of the landlord. The thing is i signed a written agreement my friend made to pay rent here for 12 months. I now want to leave badly as we aren't getting together well but I'm worried he will threaten to take me to court because I signed the agreement. My question is what's my.best option to leave?
There is no best option, there are only less worse options.
Quote:
Originally Posted by Rickybobby123
Will the written agreement hold up in court even tho I'm living here without landlords consent?
Yes, it will. Your roommate is your landlord, you are his tenant. You have an enforceable contract. And, yes, landlord tenant laws DO apply to roommate situations.
Quote:
Originally Posted by Rickybobby123
Can they sue me for 12 months rent if I leave?
Sure. Anybody can sue anybody for anything.
Whether he can make a lawsuit for 12 months rent stick depends on the laws of your state, which you haven't identified.
As mentioned, if the agreement meets your state's definition of a rental agreement, it is as enforceable as a lease from a property owner. So, you most certainly can be taken to court over the lease.
But, why worry? If your occupancy is really a violation of the lease they have with the landlord, drop a dime on them.
Anonymously contact the landlord and tell them they moved in some meth addict as a illegal roommate. The landlord may give them notice to get rid of you. If they end up having to kick you out, the tables turned and you have the right to sue them for cost of relocating, any difference in what you were paying and what you have to pay (within reasons) and throw in 'bad faith' because they knew your occupancy was against the lease but their greedy butts did it anyways. Who knows, yuo may end up making money on the deal!
If your occupancy is really a violation of the lease they have with the landlord, drop a dime on them.
Or at least threaten to rat them out.
"Gosh, it would be a shame for your landlord to find out that you're illegally subletting. That's cause for eviction, ya know?"
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