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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can't my roommate stop me from using the kitchen over a disagreement

Customer Question

Can't my roommate stop me from using the kitchen over a disagreement knowing I need to feed my kids
JA: Thanks. Can you give me any more details about your issue?
Customer: Iv paid rent but now she wants me to move now in I have the right to stay until the end of the month an I ask to prorate the rest of the month she refuses
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - thanks for requesting me. If you're on the lease as a tenant, you have every bit as much right to the property -- and use of the property -- as your roommate. So, she can't prevent you from using the kitchen or any other party of the property.
Expert:  Roger replied 1 year ago.
If you're concerned that there's going to be a physical dispute, you may want to consider seeking a restraining order or try to work out a deal to vacate the premises.
Customer: replied 1 year ago.
But my name is ***** ***** the lease
Customer: replied 1 year ago.
That is my last question can you please follow up
Expert:  Roger replied 1 year ago.
Ok. Thanks.Do you pay rent?
Expert:  Roger replied 1 year ago.
If so, does the landlord know you're living there and payin rent?
Customer: replied 1 year ago.
The landlord no I'm living there but they don't know I'm paying rent
Expert:  Roger replied 1 year ago.
Ok. Thanks. If you're not the tenant, then you're basically living there with the permission of the actual tenant. But, if you're paying the tent rent, the tenant would basically be sub-leasing to you could claim that you're his tenant and you're entitled to use of the property base don the money you pay. If your roommate doesn't want to accept this position, you could inform your roommate that you'll inform the landlord that he's sub-leasing the property, which is likely legal under the lease.
Customer: replied 1 year ago.
the landlord don't mind who there as long as the rent is paid on time an the property stay clean
Expert:  Roger replied 1 year ago.
That may be enough incentive for your roommate not to be so difficult. IF your roommate believes that the landlord may evict her, it could help. But, if not, and you're not on the lease, then you're really at the mercy of roommate.....but also, if you're not on the lease, then you can walk away whenever you like and no one should be able to come after you for rent, etc.

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