Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I recently gave my 60 day notice due to the fact that my roommate…

Customer Question
I recently gave my 60...
I recently gave my 60 day notice due to the fact that my roommate was breaking the lease and leaving. My leasing agent said that if I decide to stay ie: find another roommate, that would be fine. I did and when I notified them that I would be staying they said "no problem". Upon checking the file they found they had leased my apt to another tenant. Again, no problem they would contact the lessee and explain that the current tenant, me, was staying. The office informed me this happens on occassion. They told me of the same situation occuring the previous week. Unfortunately for me, the new tenant has a handicapped husband and they have to give my ground floor unit to them as they paid their monies. Do I have to give up my apt? My current lease is up at the end of Oct. They have offered me my choice of other second story units. I was offered some possible type of compensation by the leasing agent but when I mentioned it to the mgr this morning he looked at me like I grew another head.
Submitted: 8 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
6/14/2010
Real Estate Lawyer: Marsha411JD, Lawyer replied 8 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20,984
Experience: Licensed Attorney with 29 yrs. experience with Real Estate
Verified
Hello,

If your rental contract required 60 days notice prior to termination, then once you gave that notice, your landlord could rely on that notice and relet the apartment. Unfortunately when you have a contract, you cannot change the terms of otherwise modify it by verbal agreement. So, even though you had these discussions with the leasing office that indicated that you would probably be OK to stay in your unit, they weren't binding. If I were you and want to stay in this complex, I would consider going back to the leasing agent and saying that you would like to stay in the complex, but only if they can give you a break in your rent for not fighting them in changing units. Although you don't really have a legal foundation to fight the move, it might work to get you a little extra dispensation for the hassle of moving.
Ask Your Own Real Estate Law Question
Customer reply replied 8 years ago

Thank you,

The answer was what I thought it would be. Although other residents seemed lucky enough to stay in their apts, I can't seem to catch a break here. I think I have to stay or forfeit two additional months rent for breaking the lease before it is officially expired. It is more cost effective to just stay.The hazards of choosing roommatesI guess.

Real Estate Lawyer: Marsha411JD, Lawyer replied 8 years ago
It is a tough result and, as you say, one of the pitfalls of having roommates.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20,984
20,984 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. experience with Real Estate

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Is it acceptable for apt. managers to enter an apt without
Is it acceptable for apt. managers to enter an apt without written notice to deliver an eviction notice to one of the renters? This is an apt. that is in a college town the each room has a lock and th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Aug. 2016 daughter and friend moved into 4 BR unit, each BR
Hello: Aug. 2016 daughter and friend moved into 4 BR unit, each BR individually leased. They didn't know the other 2 women in unit. Unsanitary, unhygienic conditions have existed, particularly in the … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have a roommate who has requested to increase the rent. We
I have a roommate who has requested to increase the rent. We are both tenants on the lease, there is no master tenant. She, myself and a third person share a 1 bedroom apt. I occupy the bedroom, she a… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Last Thursday morning, the mgr told my wife that another apt
Last Thursday morning, the mgr told my wife that another apt had bugs and they were spraying and we needed to clean out the kitchen and bathroom of everything; then on Saturday about 3 pm, we got a no… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My son rented an appt. in Clemson South Carolina with another
My son rented an appt. in Clemson South Carolina with another student. The other student failed to pay his share of the rent for several months. Initally the leasing agency said my son could stay and … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,932 satisfied customers
Our daughter is a student at the University of Alabama and
Our daughter is a student at the University of Alabama and signed a lease along with a friend for an apartment near school. The landlord advised them to have their parents sign the lease and pay the s… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,336 satisfied customers
My friends lease is up on Nov 30th. She has asked for extra
My friends lease is up on Nov 30th. She has asked for extra days to keep the apt to give her time to move out since she is disabled. She was offered to pay for those days. She was told no. Can she do … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter sign a lease to start on August 2013 at college
My daughter sign a lease to start on August 2013 at college @siue. It's a 3 bedroom apt each tenant signs there on lease. One of her roommates is guy she grew up the roommate is moving out. When the g… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I signed a one year lease to a second floor apartment in a two story unit in California. T
I signed a one year lease to a second floor apartment in a two story unit in California. The current tenant of that unit extended making the unit unavailable. According to the terms of the lease it wa… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
my landlord told us there is damage on our balcony, and they
my landlord told us there is damage on our balcony, and they will have to get all the way into the livingroom, and we will have to move, because no furniture can be in the way. we were not given a dat… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
What are NY States rental laws as they pertains to a tenants
What are NY State's rental laws as they pertains to a tenant's right to a secure apartment? The situation is that a tenant is renting an upstairs apt. in a 2 story building housing a business on the g… read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
I am currently in a lease with my roommate, and the lease will
I am currently in a lease with my roommate, and the lease will end by April. I am trying to move in with my family because of family problem. The lease says, I can only sublet the place with their wri… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have been without the use of a working intercom since April
I have been without the use of a working intercom since April 2010. I currently have to throw my keys out the window or go downstairs to open the door. Management posted a sign in May and August stati… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I signed a lease on a NYC apt (rent-stabilized) in 2008, and
I signed a lease on a NYC apt (rent-stabilized) in 2008, and renewed it last year. My ex-fiance is listed as an occupant (not a lessee). I am currently out of the country and he is living in the apart… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My family is renting a converted barn apartment. There are
My family is renting a converted barn apartment. There are two units(including ours) in the building and a house on the property. We've signed a one year commercial lease and made the necessary deposi… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I have rented an apt for 5 1/2 yrs. My current lease expires
I have rented an apt for 5 1/2 yrs. My current lease expires 4/30/09. I gave notice of intent to move and they said my lease was automatically renewed on March 1st because I didn't send a notice of in… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I live in Portland Oregon and rent an apt where I live ...
I live in Portland Oregon and rent an apt where I live on the 2nd floor. A few months ago, I called the apt mgr and told her that my apt smells like cat urine, very badly and I do not have a cat. The … read more
AlexLaw
AlexLaw
Doctoral Degree
140 satisfied customers
I live in an apartment complex on the 2nd floor. The ...
I live in an apartment complex on the 2nd floor. The previous tenants awas a couple who were extremely noisy at all hours. I complained for two months to the office and I was told that they would take… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x