Re: 2 People on Lease. Can Landlord Add Another Without Both Tenants Consent
Ok thank you. Does an occupant have the same rights as a tenant? And would being added as an occupant still require both lease holders consent? If it help he said he amended her to our lease until the end of it in October. Not sure what that specifies her as
Re: 2 People on Lease. Can Landlord Add Another Without Both Tenants Consent
No. An occupant is somebody who is authorized to live in the unit but is not a tenant.
You will need to read your lease to determine what it says about occupants.
Re: 2 People on Lease. Can Landlord Add Another Without Both Tenants Consent
It says you may not sublet or assign the lease without written consent from LL. Doesnt specify if anything needs tenants consent to do so
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Basically hes saying i cant renew for the same things my roomate has done. The LL said she was on our lease now because hers was up....but i had no knowledge and never saw or signed anything saying it was ok.
Re: 2 People on Lease. Can Landlord Add Another Without Both Tenants Consent
well, something's going on because the lease (a contract) cannot be modified without all parties agreeing to the change. Either she is not actually "on" the lease or the lease was changed improperly.
regardless; you cannot enforce the landlords rights within the lease. It sounds like the landlord has no intention of enforcing his rights himself either though.
Re: 2 People on Lease. Can Landlord Add Another Without Both Tenants Consent
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jk
well, something's going on because the lease (a contract) cannot be modified without all parties agreeing to the change. Either she is not actually "on" the lease or the lease was changed improperly.
regardless; you cannot enforce the landlords rights within the lease. It sounds like the landlord has no intention of enforcing his rights himself either though.
Ok now I feel like I'm getting somewhere. I cannot enforce his rights on the lease....but adding someone to it without all parties agreeing is not right, correct? Is it illegal? And doesn't that mean he's breaking his own lease terms? Believe me I feel like something fishy is going on. And if he's not enforcing his rights (except to me....not the others) isn't that discriminating towards me? I really do appreciate any help i can and have got so far.
Re: 2 People on Lease. Can Landlord Add Another Without Both Tenants Consent
don't get your hopes up. Bottom line here; you are screwed. He does not have to enforce his rights equally as long as he does not base his discrimination on a legally protected class.
at best you might have some basis for a breach of contract suit but since the lease expires in October and the only real remedy to a breach would be to be released from the contract, I don't see any real value in heading in that direction.
Re: 2 People on Lease. Can Landlord Add Another Without Both Tenants Consent
What would be a legally protected class? And nothing can be done about him adding a person to lease without consent from all? Me not signing or agreeing wouldnt void her being added? As a very last resort i may tell him shes been selling marijuana out of the place and is smoking it all while being pregnant and due in september. Oh and shes jobless and pays him from the marijuana sales....which is true. I know he can ignore that and go about his way....but this girl has lied and disrespected me far too long in my place. Im not one to try to harm someone but i have my limits as to how much i can put up with.
Re: 2 People on Lease. Can Landlord Add Another Without Both Tenants Consent
None of the roommate drama adds up to a legal point worth debate.....what matters if your lease and your local laws as to renewal options.
As a practical matter your roommate is free to have a live in friend that you don't like and he need not like your choice of live in friend. Whether the live in friends morph into tenants with rights requires more homework as to your local NY rules....often a live in roommate does acquire tenant rights in NY.
This may be a case of the Ll really doesn't care who lives there just so he gets paid...and you either crank up the bully power or make plans to move.