Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

My partner passed away I was not on the lease as s partner…

Customer Question
My partner passed away I...
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: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 2 years 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.
Answered in 9 minutes by:
2/21/2016
Real Estate Lawyer: Christopher B, Esq., Lawyer replied 2 years ago
Christopher B, Esq.
Category: Real Estate Law
Satisfied Customers: 3,020
Experience: associate attorney
Verified

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

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
I lived here full time and pairs all the bills for 13 years
Real Estate Lawyer: Christopher B, Esq., Lawyer replied 2 years 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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Christopher B, Esq., Lawyer replied 2 years ago

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

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3,020
3,020 Satisfied Customers
Experience: associate attorney

Christopher B, Esq. 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
I don't have a rental agreement/lease.I am behind in my
I don't have a rental agreement/lease.I am behind in my rent. Landlord gave me a 3 day notice,then a 5 day law suit notice.How many days do i have to vacate … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have lost original Rental agreement which was month to
I am Landlord. I have lost original Rental agreement which was month to month. Tenant says he has lost his copy also. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I first signed a lease for a month to month. The apartment
Hello - I first signed a lease for a month to month. The apartment was not ready on move in day. So another lease was signed that day for a larger apartment with a 12 month lease. I moved in. 3 months… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a clause in my month to month lease that void the
I have a clause in my month to month lease that void the lease if tenant participated in illegal activities … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I signed a house rental agreement with terms to have the
I signed a house rental agreement with terms to have the place clean at checkin. However the property was very dirty and broken items at checkin time and we did not move and take keys. Plus at checkin… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Every month my month to month tenants are late on their rent
Every month my month to month tenants are late on their rent can I give them a thirty day notice and evict them … read more
Sean K
Sean K
Attorney/Member
JD
626 satisfied customers
I have a roommate that abandoned his property in my
Good afternoon, I have a roommate that abandoned his property in my apartment. It has almost been over 30 days, do I have any legal rights to sell and or dispose of his property in the state of Michig… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If you enter a month-to-month lease agreement with a
Hi, if you enter a month-to-month lease agreement with a landlord after consistently renting one and two year agreements previously, could you, at some point, change your mind and revert back to the t… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,110 satisfied customers
Am renting a two bedroom apartment with a roommate and now
Hi, am renting a two bedroom apartment with a roommate and now wants me to move within two months but that's not enough time for me what rights do I have? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
My daughter entered lease with a roommate, roommate wasn't
My daughter entered lease with a roommate, roommate wasn't paying full rent and she received eviction notice. She resolved by paying court costs, past due amount and future rent. The apartment transit… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
We live in Florida and entered into a rental agreement on
We live in Florida and entered into a rental agreement on June 11 2015-June 12 2016. We fulfilled the lease terms and continue to rent month-to-month with oral agreement with the landlord. In November… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
A tenant of mine just vacated his apartment but his roommate
A tenant of mine just vacated his apartment but his roommate refused to go along? As landlord what can I do to evict the roommate? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
I cosigned a rental agreement for son. The agreement I
I cosigned a rental agreement for son. The agreement I signed was supposed to be renue the second year. I did not sign it. They lived in that rental property for at least 6 years. Now they are trying … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
A tenant of mine just vacated his apartment but his roommate
A tenant of mine just vacated his apartment but his roommate refused to go along? As landlord what can I do to evict the roommate? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
After the 12 month lot rental agreement, what is the
After the 12 month lot rental agreement, what is the procedure for being able to move from a mobile home park. I live in a home someone else owns, but I am the name on the lot rental agreement. When I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
If my landlord doesn't have a signed rental agreement can
If my landlord doesn't have a signed rental agreement can she evict me. She gave me a notice with cause they didn't have any time to cure and none of the things that were are on the notice were true … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
If I go to an online site to print a rental agreement to
If I go to an online site to print a rental agreement to rent a room in my home, do I need to register it with the city or county for it to be valid and enforceable?… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,519 satisfied customers
My question is about having a roommate. My roommate is
My question is about having a roommate. My roommate is leaving our apartment after our lease is up and I am assuming the responsibility of continuing the lease. There is a $1200 deposit that the manag… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 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