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Attorney & Mediator
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Experience:  Attorney & Certified Mediator
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i am a tenant and my roommate is the landlord. In our contract

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i am a tenant and my roommate is the landlord. In our contract it states the only one that can stay there is the Tenant, which is me. But it doesnt state that the landlord is my roommate. So my problem is this. He moved in a girl 3 months ago. She is not paying rent or utilities. I have been paying my 1/2 of rent and utilities on time, and now for the past three months my payments are more than usual because of the extra person. Why should I pay extra for her stay? And on the lease agreement it states the only one that can live there is the tenant and if there is another person it has to be approved by the landlord. So it's a basic lease agreement, between landlord and tenant. Should there have been more exclusive details that explains the tenant and the landlord live in the same apartment. Cause I asked him before I moved in that it would be just the 2 of us and he said yes. He told me I can't move anyone in without his consent. So I was happy with that. But now I realize that the contract is not written up correctly. It states that I am the only person (tenant) on the property. And that if I need anything from the landlord he can come in to the premises any time he wants as long as he lets me know. So I feel that the contract should be void because it never states there that he lives there. And if I have to keep paying for others staying there without me being ok with that it's not fair. I can't afford to pay extra for others. Should I tell him that the contract should be re written and that it's not fair to let someone else in and live rent free and have me pay more for the utilities because she is now residing there. I don't know what to do, and I told him to let me know if she is staying for good so I can look for another place. We live in a small place and it has now been very unconfortable for me. Please help. Oh and the contract is month to month. I already gave my 30 day notice, but I feel I was taken advantage for and now I have to get another place pay more money and I feel I did nothing wrong. I asked him how long she was gonna stay he said 2 weeks and now its goin on 4 months and she receives mail so now she's consdered a tenant. I didn't rent an apartment so I can be paying extra for others. I explain this to him and he has done nothing to help the situation.  I gave my notce and I don't have money to pay full months rent plus more for utilites and all the moving expenses. Why do I have to move for his negligence and for not having us three split utilities and some of the rent. If I only pay half of the rent since i will leave early can he sue me? Or would I win for not having a correct agreement and for havng to go through all this mess when I have been a good tenant.
Submitted: 6 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 6 years ago.
Since you are month to month that means either party can terminate the lease agreement and not be expected to be liable for further rent or moving expenses. The landlord has breached the current lease agreement by allowing someone else and himself to live there. The most you can recover from the lawsuit would be the difference in increase you have been paying because of her living there. This will not invalidate the entire contract because for the most part you accepted the terms by allowing him to live there with you when those where not the terms.

At the present time you are only obligated to pay your amount of rent and not the increase due to an extra person living there. I doubt the landlord will sue you given that you have evidence to show they breached the lease terms.

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