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My wife and I have had a (joint) lease for the past 4 years. Last about 8 months ago, She renewed the lease without my name on it. I was never told by her or the owner. I have a cognitive disorder that has severely impacted my ability to work... because of this "brain fog" I never noticed that I was not on the lease.
On May 30th, (a week ago today), she moved out w/o notice... When I managed to get the money over to the owner, he was surprised to learn that she had bailed and gone to California.
He also gave me 3 weeks notice to vacate.
I am NOT a lawyer, but it seems to me that since he KNEW that I was living there, and he failed over the past 8 months that the lease had been changed, I must have some rights here... perhaps implied lease agreement that would allow me to maintain residence thru the end of HER lease...
Additional thoughts... My wife moved out, but did not give notice.... is there any reason that she (if she will) couldn't just tell the owner that she is just in california looking for work? there is no requirement to be IN THE HOUSE... Riiight?
While this isn't an incredibly complicated issue, if you have cognitive issues then you absolutely need a professional to advocate for you. Try reaching out to legal aid or a social worker for a referral. You should be able to find someone to represent you for little to no cost.
I am NOT a lawyer, but it seems to me that since he KNEW that I was living there, and he failed over the past 8 months that the lease had been changed, I must have some rights here... perhaps implied lease agreement that would allow me to maintain residence thru the end of HER lease...
When your landlord signed a new lease with just your wife he effectively waived any of your obligations under the old lease.
However, since then you have been a month to month tenant. Depending on where you are (what state?) he may be required by law to give you 30 days written notice to the end of a rental period. Though in some states it could be two weeks so it's important to know your state so I can look it up.
As a month to month tenant, your tenancy can be terminated with proper notice for any reason or no reason as long as the termination doesn't violate any anti-discrimination laws.
Which brings me to my next point.
If he is denying you housing because of your disability he might be in violation of the Americans With Disabilities Act.
If you are capable of paying the rent you should first be talking to your landlord about the possibility of staying with a new lease.
At the same time talk to an attorney or some local agency that provides legal services to the disabled.
My wife and I have had a (joint) lease for the past 4 years. Last about 8 months ago, She renewed the lease without my name on it. I was never told by her or the owner. I have a cognitive disorder that has severely impacted my ability to work... because of this "brain fog" I never noticed that I was not on the lease.
On May 30th, (a week ago today), she moved out w/o notice... When I managed to get the money over to the owner, he was surprised to learn that she had bailed and gone to California.
He also gave me 3 weeks notice to vacate.
I am NOT a lawyer, but it seems to me that since he KNEW that I was living there, and he failed over the past 8 months that the lease had been changed, I must have some rights here... perhaps implied lease agreement that would allow me to maintain residence thru the end of HER lease...
Your thoughts are dearly welcome!!!
If she listed you as a occupant not a lease holder and the LL agreed she would be the lease holder. If the LL gave notice to vacate but then signed another lease and you were listed as a occupant only........
Something is fishy because you can’t just end leases.
Quote:
Originally Posted by w2tpo
Additional thoughts... My wife moved out, but did not give notice.... is there any reason that she (if she will) couldn't just tell the owner that she is just in california looking for work? there is no requirement to be IN THE HOUSE... Riiight?
Pretty much any lease has a need to give notice clause.
I would ask to see the previous lease you were listed as lease holder and the paper trail that legally removed you from the lease. Just because they signed a new lease doesn’t mean the old lease is terminated if it wasn’t correctly terminated.
Do you want to stay in this unit? Can you afford to pay the rent on your own? If the answer to both is yes, then approach the LL, give evidence that you can pay the rent, and ask to stay. I don't know why the LL would want you to leave if you can pay the rent, and if you're not making trouble. If he says no, that he wants you to leave, the fact is that you DO have the rights of a tenant (but not of a lease). He would have to give you sufficient notice (a month), and if you didn't leave, he'd have to evict you. Of course, once he files in court, you would have a very difficult time renting again for years to come. So if he says no, I'd try to come to an agreeement, such as him allowing you to stay, paying the rent, until the end of the lease.
If you can afford to move somewhere else, since hers is the only name on the lease, I’d move out and leave the responsibility of the paying the rent on her.
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