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Won't work. Prime tenant in residence...

Posted by MikeW on February 22, 2002 at 14:08:53:

In Reply to: Re: M y roommate forged our lease.......IDEA! posted by dede on February 22, 2002 at 12:35:57:

I believe the idea of illusory tenancy applies when the prime tenant is NOT living in the premises in question, but sublets it illegally. It appears here that the prime tenant does live in the apartment, but has taken a roommate. This is perfectly legal. He seems to be charging the roommate a disproportionately high amount. This is in legal limbo at the moment. He also may have used deceptive means to get the roommate to agree to a particular rent. Given the circumstances, I can't say how much bearing that has.

: If the roomate charging you more then the full amount of the lease, then you could possible try the Ilusory tenant aspect

: There must be lots of people with $5-6-700 rents who could get a roomate to pay more then the legal rent for the whole place.

: That could entitle you to take over the lease at the current rent, and have him evcited and sue for 3 times the overcharge...interesting ploy.
: :
: :
: :: My roommate told me that I would be paying 50% of the rent . I agreed to 50% as long as a got a copy of the lease. I paid 1st, last and a security dep. Then 3 months later I found a letter from our landlord - an invoice for upcoming rent which was $200 CHEAPER than what the shady roommate had told me. I went to the management office - and they gave me copies of the ACTUAL lease - and it turns out he doctored all the numbers thinking he could rip me off an extra $100 a month and have me pay $200 MORE in rent even though he has the bigger space.

: : Granted - its his name on the lease. But what he did is fraudulent and illegal. What sort of action should I proceed with? I've already confronted him and he feels justified with what he did saying that "everyone does it". I think its wrong - and he even told me if I move out he'll profit even more from the next person. How do I stop this crook?

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