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Posted by Dan McIntyre on 10/12/2009, 6:02 pm, in reply to "Told I had to leave with less than 30 days notice"
Was the tenancy of the former roommate "assigned" to you? If so, the tenancy agreement is usually joint and several. Stay and keep paying the full rent. You dont need to sign a new lease, you can be a month to month tenant. If you bring in a new room mate, that room mate would have no permanent rights if you decide to leave.
Unfortunately, if you did not establish a legal co-tenancy, you do not have the automatic right to stay. The landlord may be being stupid to ignore a good tenant in hand, or they may be trying to take advantage of vacancy de-control or whatever.
Did the landlord ever accept rent or other money from you? This may have established a tenancy.
You will likely need more precise advice to determine your situation. You may want to talk to our Hotline or contact your closest community legal clinic.
--Previous Message--
: So here's my situation. beginning of august I
: moved into an apartment with a friend of
: mine who had already been there for 9 months
: or so. his old roommate had moved out and
: he needed someone to take over. around the
: end of september he told me he was thinking
: of moving out november 1st to get his own
: place. less than 60 days notice from him,
: whatever fair enough, no worries I planned
: on just signing a new lease when he moved
: out and finding a new roommate. I called
: the landlord the last week of september to
: let him know I would be interested in
: signing a new 12 month lease to stay in the
: apartment which I was already paying half
: for. left a message no response. couple
: days pass left another message no response.
: October 3rd my roommate calls me telling me
: he got his new place HOWEVER the landlord of
: our current apartment didn't want to rent to
: me and now I had to move out november 1st.
: Less than 30 days notice and nothing written
: or even told DIRECTLY to me by the landlord.
: My roommate even tried to give the guy my
: phone number to call me himself but he
: refused nor is he answering my calls.
:
: What kind of legal recourse do I have? With
: less than 30 days notice I don't even feel
: obliged to pay rent for october since I feel
: like with such short notice that I have to
: leave i'm being screwed. I haven't yet paid
: rent for october...whats the worse that
: could happen? evict me? he's already doing
: that. I didn't want to move but now I feel
: like i'm being screwed big time.
: suggestions?
:
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