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Why don't you just move? Your going to be evicted, save you and the LL some trouble and leave.
Your fiance as to be listed because he is on the lease. The eviction needs to state John Doe and all occupants. If he was HOH, he is primary and his name needs to be listed. You and he will be slapped with the judgement.
Smoke and mirrors do not hold up in court. Move.
Maybe some one can help me, My fiance and I were renting a apartment, he was listed as head of household since he was the only one who had income, when he lived here we were already getting evicted, we did not go to the court hearing, because we were going to move, but my fiance just up and left in the middle of the month, leaving back rent to pay, both my son and I are not working, but somehow our paper work was misfiled and the owner had to do it again, but this time they asked the court to excuse their mistake and put a rush on evicting us, I just received the notice again, today which is nov 30th and we are asked to go back to court on Dec 5th, but my fiance's name is still on the eviction notice, I wrote a letter to our apt mang and said he no longer lives there, but she knew when he had left. my question is, because he no longer lives here, does the owner have to file eviction papers on just my son and I, or is this legal to still have my fiance's name on the eviction papers without him living here, can you please respond asap I need to find out, and should I go to court and explain to the judge that he left.
thank-you very much
Karen Troidl
You really should have started a new discussion thread.
This is not legal advice, for that you need an attorney. In my opinion it is probably the best legal practice for the landlord to name everyone who was on the lease. It should make no difference in your obligation to vacate the premises. If you just move out, it could save you some problems later if you end up with an eviction on your credit report.
my boyfriend has asked me to move in with him temporarily because he has just had surgery and needs someone to be close by. i agreed to do so. we have no problems as my boyfriend has his own business and pays all of the bills. i will stay in the house with him as long as he needs me to however, his land lord is bugging me to sign a lease and give them a copy of my drivers license and has been hanging around the apartment everyday bugging us. must i sign a lease with this LL. Please help.....
my boyfriend has asked me to move in with him temporarily because he has just had surgery and needs someone to be close by. i agreed to do so. we have no problems as my boyfriend has his own business and pays all of the bills. i will stay in the house with him as long as he needs me to however, his land lord is bugging me to sign a lease and give them a copy of my drivers license and has been hanging around the apartment everyday bugging us. must i sign a lease with this LL. Please help.....
How long is "temporarily" and what does your boyfriend's lease say about visitors? It sounds as though the LL is overstepping his boundaries but much depends on what, if any, restrictions there are in his lease where overnight visitors are concerned.
my boyfriend has asked me to move in with him temporarily because he has just had surgery and needs someone to be close by. i agreed to do so. we have no problems as my boyfriend has his own business and pays all of the bills. i will stay in the house with him as long as he needs me to however, his land lord is bugging me to sign a lease and give them a copy of my drivers license and has been hanging around the apartment everyday bugging us. must i sign a lease with this LL. Please help.....
Don't sign a lease.. tell the LL that you just helping out a friend and to BUG OFF!
my boyfriend has asked me to move in with him temporarily because he has just had surgery and needs someone to be close by. i agreed to do so. we have no problems as my boyfriend has his own business and pays all of the bills. i will stay in the house with him as long as he needs me to however, his land lord is bugging me to sign a lease and give them a copy of my drivers license and has been hanging around the apartment everyday bugging us. must i sign a lease with this LL. Please help.....
If your boyfriend does in fact need nursing care, and that is what you are doing, then your landlord has an obligation under the American's with Disabilities Act to make reasonable accommodations to allow you to be there and provide that nursing care.
Will you be maintaining a separate living quarters some place else? If so that would be helpful in making your case. But again, under the law I don't believe that the landlord would be able to force a full time nurse to become a party to the lease, there by taking on legal responsibility for paying it. A letter from your boyfriends doctor saying that he needs this kind of nursing care would be helpful in making your case. Then send it with a letter to the landlord explaining what I have shared with you above.
my boyfriend has asked me to move in with him temporarily because he has just had surgery and needs someone to be close by. i agreed to do so. we have no problems as my boyfriend has his own business and pays all of the bills. i will stay in the house with him as long as he needs me to however, his land lord is bugging me to sign a lease and give them a copy of my drivers license and has been hanging around the apartment everyday bugging us. must i sign a lease with this LL. Please help.....
The lease should spell out the visitors policy that is in place. It generally has restrictions based on consecutive days you will be living there, typically 30, but it can vary. If they place this type of restriction, they are almost always required by state law to allow certain exemptions, one of which is assisted care.
If no clear policy is set in the lease, then the landlord has no grounds. If a policy exists, then he must grant exemptions for certain circumstances. Provide him with a letter clearly outlining the amount of time you will be staying and reasons for it. That should be sufficient.
If he persists, then you end up in a bit of a gray area. Assuming your boyfriend's doctor says he needs round-the-clock assistance and you are fulfilling that role, then you would become a "caregiver" under ADA.
What it all really comes down to is how long are you going to be there? If you are moving in for 30-days, then the landlord should be accomodating, if we are talking 3 or 4 months, I'm not sure it's worth the issue of trying to claim an ADA exemption as the landlord is just trying to protect his liability.
maybe someone can help me, my older brother is the head of household, but hes always late for rent i would like to move out . but if i live with him does that mean I could get housing for my own apartment?
What does the LL say? It sounds like the LL recognizes only you as the tenant. Your brother and father are occupants and are required to abide by the rules of the property, but they do not have a legal agreement with the LL. As such, they are not required to give notice, and may not impede your giving of notice, by refusing to sign anything or by any other means. And the LL cannot refuse your notice to vacate for lacking their signatures or other agreement.
Usually you just write a simple statement and send it to the LL: "I hereby give notice of my intent to vacate Apartment #1 by May 31, 2010."
You can mail a similarly worded statement (yes, to your own home address) to your father and brother: "You are hereby given notice to vacate no later than May 31, 2010."
My PM says even if a person not on the lease moves in and then the lessees move out, the remaining person who moved in retains "squatter" rights to occupy until the LL takes legal action i.e. eviction process.
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