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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Customer Question

I signed a lease with my 38 year old son on the 6th of this month. I am suppose to have dual residence to help him with his 4 yr old daughter. He moved his girlfriend in and daughter locked me out. I received a tpo against him but the woman and her daughter are still there. Rent was due today and they did not go pay and the agreement I signed says that anyone staying over 7 days is $16.50 per day. Now the leasing company would not even consider taking my name of the lease. Oh when the tpo was servered I was verbaly abused by the officer he said I was on drugs and vindictive and filed a false report and I was going to jail and told me to stay away. Now I was told to stay away so that means the only people living their is not on the lease. Now we have a hearing Tuesday and my son filed his own complaint saying I was mad because he will not allow me around his children because I am on drugs and the cop said I was to. Now on 9/13 the mother signed temporary custody over to me because her 10yr old had not been in school for over 3 weeks. I was to keep the children until they could get their act together. Well of course that did not happen and he manipulated me into staying at my home and as soon as he got what he wanted he started verbal abusing me and tried to hit me. Now what do I do. I realize I am an enabler.
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question. Please permit me to assist you this morning.

Ugh, I am very sorry to hear of this situation. Ideally, what do you wish to accomplish in this situation? That may perhaps tell me what would be your best approach. Please advise.
Customer: replied 4 years ago.


Because they did not pay the rent and I am the one with the excellent credit record I want them gone. I wanted and tried to get my name off the lease but the rental agency would not consider it unless the rent was paid by 5pm Friday. Now the contract says anyone staying over 7 days is 16.50 per day. When I go to the agency and they accept the money and allow the additional people to stay without my permission and theyDO NOT charge the 16.50 per day is the contract still binding. I want the problem gone. I only signed the lease 3 weeks ago and already having problems. How do I get them out of their.

Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your follow-up.

Here is one option. First of all your requirement to make the payments does remain since you are a co-signer on the lease. Come to the management company, bring your checkbook, and ask if they are willing to release you from the lease and if they are willing to keep the security deposit as the fee for the removal. If they agree, get that release in writing. The other option is that after payment, provide the particulars to the management company about the individuals who reside there, state that they are squatters, and ask if they can evict them on your behalf. Since they are in breach, the landlord should pursue the eviction for you. If they refuse, then you could act as the landlord and they your sub-tenants. Then you would need to give them a written notice to quit the premises, and then file an eviction via the courts to pursue her removal from the premises.

As for your question about the fees, if they accept your money and not demand additional funds, that does not invalidate the contract, it simply permits you to later claim that they 'waived' the condition in the lease pertaining to additional expenses for additional people on premises.

Good luck.

Customer: replied 4 years ago.


The leasing company said they would not take my name of the lease because the rent was not paid today and I have been assessed with a late charge. Now he has given them permission to stay their so does that qualify as squatters and can you refer me to an attorney to help me because I am so emotional over all of this I am sick and need someone to help me file papers etc

Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your follow-up.

If they were given a right to stay, they are not squatters, they are 'occupants' which is the same as a tenant minus the need to pay rents. It also means that the only legal way to remove an occupant other than consent is via the eviction that I was referring to in my prior answer.

I am sorry that you are emotional over this, I truly am. For competent counsel consider browsing the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise. You can also review past client testimonials and peer driven evaluations.

Good luck.

Expert:  Dimitry K., Esq. replied 4 years ago.

Pertaining to your concern over the TPO being lifted, please keep in mind that you are still the co-tenant on the premises. You, therefore, have the ability to remove those from your own home that you do not wish to be there. The sheriff is incorrect, as a sub-lessor you are essentially a landlord because they requested permission from you to reside there, not from the real landlord. It means you have the ability to seek an eviction by taking them to court. The sheriff does not understand that because almost nobody ever attempts to evict what is essentially their own roommate, but that is perfectly legal to do.

Good luck and kindly do not forget to rate my answers positively so I may obtain credit for assisting you this morning. Thank you.

Customer: replied 4 years ago.


I asked another question and he did not answer


 

Expert:  Dimitry K., Esq. replied 4 years ago.

Please do not rate my answers as 'bad' as it is unfair when I am unable to know what I failed to respond to. Those ratings affect me on this site. I also did not see an additional question from you, so please repost your concern and I will try to address it. But kindly provide me with an opportunity to respond before you rate me badly, especially when I am attempting to assist in such early hours of the morning.

 

I am sorry but if I do not see a question, it is hard to rate me badly for a question I did not receive.

 


Thank you.