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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27262
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I just moved into my new place i have a month to month lease

Customer Question

i just moved into my new place i have a month to month lease and a clause that says i can sublet the place out for up to 15 days without land lord approval. My land lord says that she did not agree to this although she signed the lease. I want to bring up the issue to her but she says she does not want to discuss it. I feel if i push her i am going to get evicted. Do i have any protections? I have all the email conversations where she is telling me stuff that is contrary to the lease. Please help i feel very insecure in my new home. The issue is not really subletting anymore but a dishonest, vengeful landlord. Please help
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. The signed lease with the rules and regulations is going to control, so even though she says she did not agree to this, the agree says something different and her signing it would make it legally binding and enforceable. If she wanted to dispute it, the burden would be on her to show and explain why she signed it, if she did not agree to it, as there is a presumption when something is signed, the parties read it, agreed to it and accepted it. Now, it is illegal for her to retaliate against you for exercising your legal rights. As such, if you pressed the issue, she could give you the proper notice to terminate the lease and then if you failed to move, seek to evict you. If she did, you could raise this as a defense but if she has another reason or can show she is not retaliating, then you would have to leave.

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