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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2938
Experience:  associate attorney
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My partner passed away I was not on the lease as s partner

Customer Question

My partner passed away I was not on the lease as his partner but as his caregiver the manager had me jump through hoops for two days I gave her a money order for a background check I gave her my ID and social security card I had to go to Social Security to give her proof of income she said she had a one bedroom apartment for me and that I had to move in by the end of the week when I went in to fill out the paperwork that she said she was given the apartment to someone else. That was a week ago and no one has moved into the apartment I've been calling corporate and no one has returned my phone call. I want to know what my rights are they promised me an apartment and then they took it back. Rocky and I were partners for 18 years two years into our relationship he got sick and I had to become his primary caregiver. I asked several times to be put on the rental agreement and Aubrey the manager Was supposed to do the paperwork and never get it.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
My partner passed away I was not on the lease as his partner but as his caregiver the manager had me jump through hoops for two days I gave her a money order for a background check I gave her my ID and social security card I had to go to Social Security to give her proof of income she said she had a one bedroom apartment for me and that I had to move in by the end of the week when I went in to fill out the paperwork that she said she was given the apartment to someone else. That was a week ago and no one has moved into the apartment I've been calling corporate and no one has returned my phone call. I want to know what my rights are they promised me an apartment and then they took it back. Rocky and I were partners for 18 years two years into our relationship he got sick and I had to become his primary caregiver. I asked several times to be put on the rental agreement and Aubrey the manager Was supposed to do the paperwork and never get it.
Expert:  Christopher B, Esq. replied 1 year ago.

Did you live there full time or as his caregiver were you considered to not be a resident or guest according to the lease?

Customer: replied 1 year ago.
I lived here full time and pairs all the bills for 13 years
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Unfortunately, if you were not on the lease, once the right of your partner has been extinguished, you no longer have rights to the apartment and the lease does not apply to you. As you have lived there longer than 30 days you would not be considered a guest but would be a roommate. A roommate has rights but not as much as a tenant or subtenant. If you did not have a written agreement with the named tenant, you are a month-to-month roommate. As a month-to-month roommate, you have to be given 30 day notice at any point, and the lesse can be terminated. If you do not leave, you can be legally evicted.

If the landlord accepts rent from you, you can continue to stay as long as this is the case and will continue to be a month to month tenant. Unfortunately there is not much you can do here as you are not considered a spouse or a relative. This seems like an unfair result. The promises of the landlord are not binding and if you are not on the lease or a subtenant your rights are not strong.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, did you have any further questions?

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