Posted by MikeW on March 08, 2001 at 17:44:00:
In Reply to: Re: Roomates Rent posted by Ace on March 08, 2001 at 17:15:57:
I have a friend who has an RS apartment and takes roommates. I'm trying to figure out how to make sure she doesn't get clobbered.
I read the new rules. The stated how to calculate how much a roommate could be charged, but I didn't see any language that spelled out cures/penelties for overcharges. It didn't seem to get LL's any new rights (ie. that they have the right to approve the roommate, or that they can control how much the prime tenant can charge, within the new guildlines given). The way I read it, just nebulously restricts the amount the prime tenant can charge. If anyone, the roommate seems to be the one with new rights. In an overcharge situation, would the prime tenant be liable for treble damages, as in an illegal sublet situation? I didn't see any language that would allow a LL to evict the prime tenant for an overcharge, or am I missing something.
: The tenant would be ordered to pay up the overcharge that was not authorized by the Landlord. The tenant can be evicted, yes.
: I think the major problem here is this -- people need to start thinking like lawyers. Lawyers like signatures and paper, and signatures and dates on paper.
: Here is a rule of thumb for anybody wanting to be someone's roommate: if your name is NOT on the lease, you will not have the same rights as the tenant. You take your chances being invisible. If there is nothing on paper, no papertrail (meaning checks paid to tenant clearly marking in the memo part saying: (name of month and year) RENT to so and so for x portion of rent), then it's going to be that harder to claim any "rights".
: This has been explained in a previous posting about a week old or so -- follow the string, unless you're the same person and just want to create some noise.
: Don't be a roomie. Find a place of your own. It's a lot less complicated that way and the only one you have to worry about "cheating" you are your neighbors and the LL. Some people should stay alone.
: : What's happing with the new DHRC rule that restricts the rent that roommates can be charged? Is this being challenged? Who can sue the tenant if they overcharge a roommate? The roomate? The LL? Can the primary tenant be evicted for an overcharge (which would be a real disincentive for the roommate to report the tenant)?
: : Has anyone figured out what's going on with this yet. This has the possibility of causing HUGE chaos.
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