Answer

Lil -

I'm afraid that you basically are going to have to ask the landlord to renew the lease with you only (or execute a new lease), and to agree to not renew the lease to the other party plus agree to give that other party notice to vacate the premise at the end of the lease and evict him if that proves necessary. Although it is probably not practical or desirable, the cleanest approach would probably be for you to lease a new place yourself at the end of this lease term.

I don't know if you have run this by the landlord yet, but be sure that you know that the landlord is willing to lease to you alone before you make long range plans.

If I were the landlord, I would probably want you to agree to bear the costs of any procedure he has to go through in order to remove this other party should the guy not agree to leave voluntarily. Keep in mind that from the landlord's perspective, things are just fine: he gets his rent each month! From his persective, why should he/she bear the costs and bother to change the arrangement?

I stated that the landlord is the one who has to give the notices at this point, because for the time being the other party is a tenant of the landlord and not of yours. On the other hand, if you renew the lease in your own name and the other party stays on as your sub-tenant, then you would have a right to give him notice of termination of the subtenancy (make sure to keep it month-to-month) if you wanted him to leave, and to evict him if he does not leave voluntarily.

I hope this has been helpful. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I'd greatly appreciate it!)


Thank you,

Dan

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Expert:	Dan
Pos. Feedback:	99.7 %
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Answered:	1/31/2009

Retired JD

Retired attorney, general practice, with an additional background in financial planning,