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I'm currently on an apartment lease with my brother and dad, of which I am considered the "Head of Household" because I'm the only person who is bringing in income. My dad and I don't get along -- we fight everyday, mainly due to the fact that he's unemployed and will not look for a job even though he's physically able to work. I'm working 80 hours a week to pay for rent, the car payment, insurance, groceries ... EVERYTHING. It's taking a toll on me and my finances, considering I recently graduated college and have my own bills and student loans to pay as well.
I want to move out, and my college-age brother wants to come with me. I informed my landlord that we want to be removed from the lease, however, she told me that because I'm the only one who is bringing in income, everyone in the household needed to move out as well. In order to put in our 30-day notice, my dad has to agree to it. However, he is REFUSING to sign any paperwork. He does not want to move out, even though my grandparents are offering to have him in their home rent-free.
Am I stuck here, or is there another way to get myself out of the lease ?
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 brother and dad are on the lease as well. The LL wants a 30-day notice that is signed by all of us and once that is turned in, wants all 3 of us to go in and sign some paperwork.
When does the lease expire? You may have to wait until renewal time and NOT renew. The end of the lease will allow you to go on your own. Your father may respond when he is on the sidewalk looking around for the handout.
I've seen a few situations like this and all I can say is you can't choose your parents...
Worst case is you move and the others remain until they are evicted and you could very well be named... not a good thing.
I had one case where I really felt sorry for the adult son... he was doing everything and his mother and sister were leaches...
He moved and I had to evict the others... I did not name him on the eviction papers even though my attorney counseled me on doing so... I knew the son was not the problem and I didn't want him dragged through the court since he was more than helpful...
My brother and dad are on the lease as well. The LL wants a 30-day notice that is signed by all of us and once that is turned in, wants all 3 of us to go in and sign some paperwork.
The LL may want you all to sign something together but that doesn't mean he can insist upon it, or refuse to accept notice from you alone.
Write a letter giving your intent to vacate and have it sent to the LL certified mail. That establishes your standing, and the LL doesn't have the option of refusing that notice. This is true regardless of whether or not the other tenants are your father and brother, your spouse and child, friends and girlfriends, or whomever.
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
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