I just purchased a two family home with the upstairs leased out.  I found out that the people living in the upstairs apartment are not on the lease.  Is this legal?
199154
Depending on the lease, they might or might not have legal right to be there.\n\n1. Does the lease have a sublet clause/assignment provision\n2. What are the local laws regarding point 1\n\nThe people even without a lease may be afforded tenancy though, even if they are a sublet.  It is generally not a requirement to have a lease for tenancies under 1 year.\n\nTheir tenancy would be 'month to month'.  You would have the right to change their rent or serve notice to vacate usually with 30 day notice, again depending on state and local laws.\n\nIf you like them, you'll be better off defining their tenancy on a lease.  This way, should push come to shove, you have a written agreement the court can refer to.
96785
You are confused.\n\nIt is a PRIVILEGE to live in somebody else's property free and it is not a RIGHT.
520234
Depends on your lease agreement. I would contact the housing authority for advise. They have a website  I beleive. G/L!
68945
local law might protect the renter by invalidating the contract clause that is not reasonable. check with an attorney specializing in rental law.\n\nanother solution is that you might want to approach the seller of your home to help you to pay the remaining 5 month rent. include that in your purchase contract clearly though.
60734
Go to the RRA... Renters Rights Association. They will handle it! They eat that kinda crap up... I know cuz I have been an apartment manager b4 and the owners where total asses... there was so many things i couldnt do after the tentants were promised things by the owners then went back on em... good luck
415967
It's strange you landlord did that. Typically, a rental lease agreement specifies the terms of maintenance. You should review the contract carefully. If it says the landord is responsible for any maintenance issues, you should not be liable. In California, it is a landlord's responsibility to keep an apartment habitable.
544575
Hi there and welcome to texas. my mom has been an apt. manager here in Mesquite, Texas for 21 yrs. I tried to call her and she is out getting things to decorate her tree. She suggested that you call the Texas Housing Authority. Now, while this is actually an organization to help low income families obtain housing they will be very informative on the things you need to know and will be happy to answer your questions. Explain to them your situation and they will direct you and let you know what is legal. Your lease may be null and void now. I tried to find a number for you and there are many different lines for different things. Go to www.texashousingauthority.com and click the link that looks best for you. Good Luck and Happy Holidays!
182016
She can say it, but you can contest the decision if you can prove special circumstances in regards to who is named on the lease.  If it is in your name, she is wrong.  If it is in both your names, you need to show just cause for remaining as the primary resident/leasee.  If there are children involved that is one reason.  If utilities are in your name, that is another reason.  If you have no way of moving your belongings out I believe it must be paid for by the department who is telling you to move.  You need to find a legal aid society that can assist you at low or no cost.  If you were the victim of a violent crime, then they should assist you with a restraining order against him.  This is most likely why you are being asked to move...the restraining order is in the works & the P.O. wants to get you out before it is issued.  I don't know, it sounds biased, but I don't know all the facts.  Hope this gives you some ideas.
257121
there's most likely a clause in the lease saying they can enter when they deem it necessary, like putting out a fire if you're not there, or checking for a reported problem when you're gone.  he's probably just abusing this.  either deal with it or suck it up and move.
50666
This would seem to be a basic and clear violation of your lease.  As the leasee, you should have sole control over who has access to the leased area if there is nothing to the contrary in your lease agreement.  You can NOT simply stop paying the rent, however.  You must take your landlord to court if he/she does not rectify the situation.  Simply discontinuing payment may make you subject to eviction and get you put on one of the "bad leasees" lists.  I would suggest you put your request for him/her to rectify this situation in writing (date your letter) and MAIL it to your landlord via REGISTERED mail.  That creates a paper trail that you requested to have this problem resolved.  For more information, consult nolo.com for book related to landlord/tenants (see below) or, even better, consult a real estate attorney.
339861
Usually no--why should the apartment manager/owner get penalized because you bought a house.
416349
I know your situation too well. This is what you do: First, you findout if the tenants are on section 8, or if the government subsidizes the rent. From what you describe, this is very likely.\n\nThen, you  call the cops each time you notice drug activity, noises, altercations, etc. Get copies of all police reports, and notify your state's agency that covers section 8 assistance. If teh tenants aren't following the state's requirements to live in a subsidized house, they're out, and they may even take the landlord off their list.\n\nGood luck
224879
This is a tough one.  Depending on your state your rights are different.  For example in NY (which is very anti landlord) your lease would be upheld until building hell freezes over. I'm not quiet sure who is buying the house (the owners are usually the landlords) but either way, you - the tenant- will get inherited and they can't get rid of you until sept at least.\n\nRival
90600
Ibid, you have no legal obligation.\n\nAnd, it sounds like you are asking for 'what's the right thing to do here?'...\n\nYou asked your roommate 3 months ago, and entered the apartment thinking that the whole time you'd be out come April.\n\nYou then, went out... spent time looking for another place to live... did the footwork... AND NOW she tells you.  You were cool with her.  Oversight or not, you've made a commitment to move that is conflicting only because of her error.\n\nShe is being inconsiderate of you.  This is a pretty big goof on her end...\n\nAnther thing too... why May 23rd?  nobody has a lease that ends May 23rd...  Leases typically are end of month or mid month for renting convenience.\n\nIt sounds to me that your roommate is buying a preconstruction house or something and her move in/closing was delayed, and she's trying to defer the costs...\n\nYou've already found a place, you've been through the headaches of finding a place... Move.
624015
This is a tough situation and there is no really good solution.\n\nRemember that what someone can "legally" do is not really a practical limit on what they may actually do. Worse still, you can have all sorts of legal rights but if the only way to exercise them is to go to court then the solution may be worse than the problem.\n\nThe only thing is really to get the stuff out right now. If the apartment is in the other person's name then she's not going to get any immediate help from the legal system.\n\nEDIT: From another question that you posted I'm now unsure if this is a room mate situation or a landlord-tenant case. Please clarify. It affects the answer.
15625
Check the lease papers on your apartment.\nThere should be a clause there specifically addressing the practice of 'subletting', which your room mate is technically doing. \nThere are specific laws that address this situation. Call your local housing office.
399478
It doesn't sound like the owner should have. But you don't know exactly what was in the lease either. Those leases can have all kinds of loopholes in them. Then again, the owner might have thought no one would ask for it back.