Results 1 to 2 of 2
  1. #1
    Join Date
    Nov 2005
    Location
    San Francisco
    Posts
    1

    Default Tenants Never Moved Out After Renting to Subtenants

    A friend of mine bought property he intended moving his family into outside of the city and didn't want to give up his city apartment. My husband and son and I were looking for a new apartment so he offered his to us making an arrangement that he and his family would come to the city once a month for a maximum of 3 days and keep the master bedroom. They would pay 15% of the rent and we would basically take over the rest of the apartment, storage and parking. We went through the landlord approving our arrangement and we both pay our rent directly to the landlord. The agreement was that eventually they would move out completely once they were settled in their new home.

    That was a year ago and from the first month, they have pretty much come and gone as they like. They ended up getting pregnant right away and having their baby here in the city which made our situation more of a roomate situation than we were comfortable with. After she had her baby, we told them we couldn't support them being here anymore than the original agreed upon terms and in retaliation they said they had no intention to ever give up the apartment and that if we were still here next year, they'd come and go as they pleased. The clincher is when they (after telling us for the last 10 months they were going to contribute to being here more) gave us a budget of what they owed us. According to a spreadsheet that he put together the end result is that we owe them money! (They agreed at our insistence for a new agreement, for the first two months, to give us additional money for being here more often but then stopped saying they shouldn't have to pay us anything more unless they were here more than 2 weeks a month) ...thus the balance... egads...

    Clearly we are flabbergasted, feeling used, have lost all respect for them. Now I am pregnant and the stress is too much. We've decided we should just move and get out of this unhealthy situation, however, wanted to be sure we didn't have any recourse in getting them to move since this is not their primary home and they only pay 15% of the rent and only come 3 days a month. It's going to be a hardship for us to move and get settled somewhere else again before the baby is born and our rent will increase over $500.00 a month with the current rental rates.

    Any feedback would be appreciated. Thanks.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Problem with Rental Arrangement

    From what you have written, your contract with your friend aside, you are actually in a lease agreement of some kind with the landlord - perhaps a formal subtenancy. You apparently have two different contracts - the one with the landlord, and the one with your friend. You need to either end the contractual relationship in a manner consistent with the contracts, or otherwise negotiate a resolution of the contracts.

    Unfortunately, I do not know what your agreements say, and I don't know if your agreement with your friend commits you to staying in the apartment for any particular amount of time. Beyond that, you can talk to the landlord to find out how much notice you would have to give in order to end your subtenancy. Or you can take both agreements to a lawyer who handles residential landlord-tenant matters and get a professional legal opinion as to your rights and remedies.

    1. Sponsored Links
       

Similar Threads

  1. Giving Notice: Landlord Informed Tenants of Selling House, Can Tenants Give Notice
    By amandaf in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-14-2011, 12:51 PM
  2. Eviction Process: Tenants Moved in a Week
    By carpmom in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 02-28-2010, 03:00 PM
  3. Rental Agreements: Tenants Moved Out and Didn't Pay Rent
    By Dustyfaye in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 05-28-2009, 12:55 PM
  4. Rent and Utilities: Rent Obligations from Breaking Lease, Before and After New Tenants Moved In
    By Oahugirl in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-02-2009, 08:54 PM
  5. Moving Out: Tenants Partially Moved Out
    By moddo in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-01-2009, 07:38 AM
 
 
Sponsored Links

Legal Help, Information and Resources