my dad also lives with me and is on hospice and dying in final stage of congestive heart faliure. can she really make us move at this time. we are paying the rent so what should she care
Answers:
I'm sorry for the hard time you're going through. Most leases prohibit subleasing without permission. If you've broken the lease-the landlord can evict you.
Have you tried talking to the landlord-explaining your situation?
As a landlord I'd think your landlord would work with you. Our business is to collect rent-why kick out a paying tenant?
Is there more to the story then you've let on?
Hope all turns out well.
It usually states in the lease that it violates your lease
not only because you subleased
but also because some landlords allow others to stay, but with a $X tagged on per week or per month per person, and the landlord must know about it.
However, your landlord is required to give you 30 days to get out, save for a court order
Need a little more information. Especially what state you live in. Rental laws differ from state to state. But on a whole, yes he can evict you, because you don't have a lease with him. Also, are you paying the rent to the person he rented the place to, or the owner directly? If your paying the renter, he might not have paid the owner, ect.
Sadly, it is the law. There should be exeptions to this though.
Talk to someone that can give you legal advise about this.
Good luck!
does it violate ur lease
If the original lease forbids sub-leasing, yeah- you broke the lease.
If the original lease specifies that only you can live in the apartment, yeah- you broke the lease.
I'm not saying it's ethical, and I'm not saying it's not ethical. If you broke your lease, then the owner has every right to evict you. At the same time, maybe there is a way that you and the owner can re-negotiate a new lease that will allow you AND your father to continue living there.
They say that it's easier to get forgiveness than permission, but I disagree (I have some stories for you!). I know it's a little too late, but you should have talked to the owner before your father moved in, made sure it's ok for him to move in.
You should check your original lease. Most of them will include a clause that the owner has to pre-approve any tenants you plan to sub-let to. This makes sense because they want to know in advance what type of tenants they will have and have a chance to check their credit rating, etc. Your question, however, is confusing. Who did you sub-let the place to, and where are you and your Dad living now? Did you have the new tenants sign a sub-lease? I assume you and the landlord aren't confusing the fact that your Dad is living with you with what constitutes a sub-lease. It sounds as if you may have some financial difficulties. I suggest that you check with social services and find out if there is a store-front or legal-aid office that could advise you. There may be a tenants-rights group in your area. As a last resort take your story to a newspaper and see if they are interested in your story. Maybe they have an 'Action Line' columnist who would help you. Before you do any of this be sure you have your facts (not opinions) organized and copies of any papers or documents (i.e. lease, letter from landlord, etc.) available. Any time the landlord contact you in any way make some notes right away ... i.e. time called, what she said, etc. Don't put it in your own words, but write down word-for-word what she says. Don't loose your temper and don't get shitty with her no matter how tempted you may be. As a last resort very nicely ask your landlord for her lawyer's name as your lawyer wants to contact him. That may be B.S. but it might make her back off. Good luck!
The fact that you always pay your rent is irrelevant. Somewhere in your lease agreement it probably states that you aren't allowed to sublet your apartment. It may not be the most moral thing to do, but it certainly isn't illegal.
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