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Within a residential lease agreement contract it must it…

Within a residential lease...

Within a residential lease agreement contract it must it state who the primary tenant is if there is any? Or is there another form it could be on . I am asking this because me and my girlfriend at the time got an apartment together but then we broke up and the manager told her she is the primary tenant and is able to kick me out. I felt the manager was lying because she is more friendly with my ex girlfriend than me. So I went to the manager and asked for a copy of the residential lease agreement contract that both me and my ex girlfriend signed and no where within the contract does it state a primary tenant. It just has my name and her name as the tenants. Please help me

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

In ccalifornia

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

A 1 year lease-security deposit- no subletting without permission- utilities that the apartment pays for which is water and trash- assigned parking space- condition of premises- alterations of premises- late charge/bad check-noise disruptive activity- landlord right of entry- repairs by landlord- pets- furnishings-insurance- termination of lease agreement- non curable breach- possession- abandonment-waiver - validity/sever ability- attorney fees- arbitration of disputes-notices- personal property property of tenant-?additional terms- application-lead warning statement- landlords disclosure- tenants disclosure- entire agreement- renter insurance agreement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Also when I asked the manager where does it state that she is the primary tenant and she replied that it’s on another form . She said my ex is primary cuz she has better credit. I was never told when we signed the contract nor does it state anywhere on the contract that both me and her signed that she is primary tenant.

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5/30/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,841
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Good morning. If you are both on the lease, you both have a legal basis to stay there. The fact that you broke up, does not allow her to just evict you, since you shared that you are both on the lease and both of you are tenants. You do not have to move unless you agree to and are released from any liability and it does not matter what the landlord told you, it is what the law allows and requires, so unless there is something in writing, giving her the ability to just evict, you can remain absent a court order.

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Customer reply replied 2 months ago
I told the manager where does it say that she is the primary tenant and she resolved saying that it’s on another form and I asked to see it then she said sum doesn’t have it that it’s on a
She may be lying and unless she can present a legal documenting showing and supporting this it does not matter what she says
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Customer reply replied 2 months ago
But shouldn’t the primary tenant be stated somewhere in the residential lease agreement contract? And shouldn’t that document be signed by us as well? Me and her thought this whole time that we were co tenants up until that manager who is on her side told about her being primary tenant so that when she demanded I get out and making all these outrageous conditions threatening me.

Yes, if there is a title of "primary tenant" and she would have certain rights that you do not have, ALL parties would need to sign this and agree to it. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 2 months ago
Okay when We first moved in which was a month ago I had put all the security deposit and gave them 5 month of rent up front because I had bad credit. So My ex just told me right now that they have the security deposit that I gave them and 4 month of rent in I think cash or check for me. So now my ex said since they have the money that I gave them in the beginning she is demanding I need to leave immediately. I told her I need time to find a place to rent then I will leave. What if the manager who is on her side says I must go immediately since she is giving my money back. Are they correct in saying I have to leave immediately since I got the money bak or do I have at least time to find a place then leave since it’s such short notice? Please this whole situation is so much stress

No, they have no right to just demand that you vacate and if the lease is current and this issue is between you and your ex, they can not just evict you or demand you leave, when you have a legal right to be there and are on the lease.

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Customer reply replied 2 months ago
What if I take the money they have for me today . Do I have to leave immediately or do I have the right to be given a week or two to find another place before I leave.

You should work out a deal with them and demand the money which was prepaid AND two weeks to move. based on what you shared, you have the upper hand, as there has been no lease violation or basis to evict and this is an issue between you and your ex.

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Customer reply replied 2 months ago
What if the manager says that I must leave immediately after I take the money

You do not have to unless it is part of the agreement. They can not force you to take the money and leave right away and this needs to be negotiated and in writing.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 2 months ago
Okay now my ex is moving out so I asked the manager isn’t she breaking the lease but the manager don’t forget is on my ex’s side said that if I want to remain living at the apartment then I should not press that issue because if I do then if I’m left alone on the lease then they will evict me because of my credit and will not give me any of the money thE money that I first put down which was the security deposit and 5 month of rent. I told her that is not right. Okay when me and my ex first applied to get the apartment they seen she has good credit and on mine they seen an eviction so they told us no we don’t qualify because of my eviction. So I told them that I am willing to put down 6 months of rent plus security deposit to show good faith . They soon replied yes that we can move in but I need to give them5 months of rent upfront plus security deposit. So I replied yes. Can they evict me if she broke the lease and my name is ***** ***** one under the apartment.? And if so can they keep all the money i had put down in the beginning if they have the rite to evict me. I did nothing wrong in the contract that I send with them which was for a 1 year lease. My ex is the one breaking it

Great to hear back from you as it has been a while. I am happy to respond but kindly just ask that you rate my help for all the time previously provided, so the site will provide me the proper credit. I am happy to respond to any follow-up questions thereafter. Thank you for understanding.

RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,841
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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No. If they want to release her from the lease they can but if you are still on it and prepaid rent and there are no violations or issues they can not just evict you and ask that you vacate. It is at their discretion to release her but should not result
In you having to leave or forfeiting the prepaid rent
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