Family Law Questions? Ask a Family Lawyer Online.
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.
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.
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
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.
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.
I asked another question and he did not answer
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.