Re: feedback - Landlord Forum thread

Re: feedback by OK-LL on November 4, 2009 @18:04

Rather than sign new 6 month leases with the old-timers, just give them 30-day notice that the existing agreement terms will be modified to the following [insert the new clauses you want here].

Personally, I'm not sure you have covered yourself by having one tenant sign away rights of another, but we covered that when you first posted the situation some days ago.

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Re: feedback by anonymous on November 4, 2009 @20:06

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I'm confused why she is considered a lessee when she's not listed as a lessee. She never was(resident only), therefore not responsible for rent or anything else for that matter. She was only allowed a place to lay her head while she cared for him(he basically fired her cause she wasn't). If he moved out tomorrow, she could move back in & not be responsible for the rent then. Being he's the lessee, isn't he afforded the luxury to remove her if he wishes, as he's solely responsible. She never signed the lease, his signature is the only one on there along with ours.

Re: feedback by OK-LL on November 5, 2009 @08:20

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There's some controversy around whether she was a tenant, even though she didn't pay rent to you, or a subtenant. In fact, she could probably argue that she was paying rent in-kind to the leasee, and you were compliant and aware of her occupation. Typically, if she lived there, even as a squatter, for a certain period of time, she gains occupancy rights which cannot be extinguished outside the legal process (either proper notice to vacate under the implied M2M agreement established by her occupancy or eviction). But if you are confident that this "caretaker" won't be back, no worries. If she was really a "caretaker" and not his girlfriend, he should have had a contract that included rent and occupancy as a part of the compensation for caretaking, then when he "fired" her, she'd have no right to occupy.