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I Am The Law! Car accidents, personal injury, defamation, libel, malpractice, fraud, bankruptcy, debt, lawyers, corporate law, criminal law, jail, police conduct, prison, employment laws, workers compensation, real estate law, divorce and family court, taxes, education, immigration, military law, insurance, trademarks and copyrights, traffic and driving laws, class action law suits, and more. All of these are welcome topics in this forum.This forum is not intended to be a substitute for professional legal advice. Always seek the advice of professional with any questions you may have regarding a legal situation. Never disregard professional legal advice or delay in seeking it because of something you have read on any web site, including this one. Fair warning: If you're stupid enough to post a confession it could be held against you in a court of law.

 
 
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 #1 
Old 2008-07-01, 17:57
Cinquain Cinquain is offline
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Default Tenant not a Primary Lease holder

I'm asking a question here for a neighbor of mine... She's been living in an apartment with her sister, who was there for a few weeks before she moved in. Her sister signed the lease and a couple weeks later so did my neighbor to ensure that she could legally stay there. A couple months ago my neighbors sister gave her notice that she would be leaving in July [this month]. My neighbor said this would be fine and that she'd just keep paying rent and keep the apartment. However, this morning the super came and said that because she isn't the primary lease holder [or something to that effect] she would have to pay the entire months rent on the 1st [today] or he would have to ask her to leave. In the past she was always given a sort of 'grace' period and had until the 15th of a month to come up with the entirity of the rent if she was unable to on the 1st. The super said that wouldn't be possible this month. Obviously she doesn't have the money. Is he legally able to ask her to leave if she doesn't have the money by the end of the day? Except for a few months of the two years she's been in the building she's always had the rent on the first. And half the people there don't even pay their rent/have gone months without paying and are somehow still hanging around... Any advice would be appreciated.

Thanks!
 #2 
Old 2008-07-01, 22:06
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Antipodes
Default Re: Tenant not a Primary Lease holder

She should have gotten her name added to the lease to ensure some right over it.
 #3 
Old 2008-07-01, 22:42
Cinquain Cinquain is offline
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Default Re: Tenant not a Primary Lease holder

Her name IS on the lease, but is there such a thing as a primary lease holder? Both of their names are on the lease but the super is trying to say that she isn't the Primary lease holder so that means she has no right to be there. He's known to pull bullshit though with people who don't exactly know their stuff where the law is involved, so that's why I'm asking.
 #4 
Old 2008-07-02, 00:56
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Antipodes
Default Re: Tenant not a Primary Lease holder

Sounds it.

Don't you guys have some handbook relating to renters rights?

Over here the landlord must supply said booklet to their tenant.
 #5 
Old 2008-07-02, 01:49
Cinquain Cinquain is offline
Regular
 
Default Re: Tenant not a Primary Lease holder

I asked her and she said that neither her or her sister received a handbook of any sort. They only signed the lease, my neighbor paid a full months rent and he gave her a bunch of rules, "If such and such breaks, don't bother with me call the super" and things of that sort. He hasn't had any problems with her or any contact until this morning, and even then he didn't bother contacting her he had the super deliver his message. She also told me that her sister gave her 60 days notice to the landlord and with her being the primary lease holder the landlord said she needs to get out too. She's going to try and talk to her neighbor [who works in a law office] when she gets back tomorrow night.

I know a few months back someone called the cops on a guy who was living in the building who wasn't on the lease at all and wasn't supposed to be there. He was causing a lot of shit and people were trying to get him out and when the cops came, they said if his name was anywhere on the lease at all he had every right to be there. So I told her to try not to worry about it, considering her name is on the lease she should be fine and they can't legally get her out. Thanks for your advice though, if anyone else has any other input that'd be awesome.
 
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