If I am not on a lease but living there and paying my share of the rent what is my legal status and rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am not on a lease but living there and paying my share of the rent what is my legal status and rights?
I signed on to a 12 month lease 16 months ago, after 12 months I assumed that it turned into a month-to-month lease. Apparently it did not and my two room mates went and signed a new lease for another year without my knowledge, thus I am no-longer on the lease. I Gave my 30 day notice of leave (still under the assumption that I was on a month-to month lease) and now everyone is jumping down my neck saying I am in a year lease. I go down to the office to verify this and find that I am not on any lease at all. Now they say I have to sign the lease or face a lawsuit. I am confused.
Asked on May 15, 2009 under Real Estate Law, California
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
First, are these friends of yours or do you care if they never talk to you again? If you dont care about these people, then use the law in your favor. You are not on the lease. Your lease as you correctly pointed out expired and you were a month to month tenant. You then gave proper notice and moved out. The landlord cannot sue you as you are not a tenant on the lease. Your roommates cannot sue you as you have no sublease or any rental agreement with them. Tell them to pound sand and find another roommate. You should not be liable to them.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.