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Posted by TenantNet on December 06, 1998 at 12:39:40:

In Reply to: Re: Help! My roommates wants to kick me out. posted by Jane on November 26, 1998 at 14:56:38:

: Thank you so much for your help! But I don't understand what kind of
: rights does a "licensee" have?

A "licensee" means the tenant of record "licenses" you to live there as
an occupant, but you don't establish any tenancy rights. Different areas
have differing laws on this. The tenant in this case is acting as a
quasi-landlord, meaning the tenant must give you notice they are ending your
license (usually 30 days notice) and if you don't leave, they must take
you to court. In most areas they can't just change the locks. In NYC if they
do that, it's a criminal offense; in other areas, it usually gives you
cause for a civil complaint.

Plus, I went to the management office
: yesterday, but the manager said they have nothing to do with me. If my
: roommate wants me out, I am out!

But only if they follow the process...

: Sorry, one more question. You say I can withhold the last month's
: rent if she doesn't return my deposit. Is there any penalty for that?
: Thanks again! Really...

It's mot "legal" or "illegal" to withhold rent; but it may be
prohibited by a lease. If you do it, the landlord (or prime tenant here)
has cause to come after you for that rent, but it is mitigated if they
have the security money; i.e., they must establish economic damages.

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Comments:
: : Thank you so much for your help! But I don't understand what kind of 
: : rights does a "licensee" have? 

: A "licensee" means the tenant of record "licenses" you to live there as
: an occupant, but you don't establish any tenancy rights. Different areas
: have differing laws on this. The tenant in this case is acting as a
: quasi-landlord, meaning the tenant must give you notice they are ending your
: license (usually 30 days notice) and if you don't leave, they must take
: you to court. In most areas they can't just change the locks. In NYC if they
: do that, it's a criminal offense; in other areas, it usually gives you 
: cause for a civil complaint.

: Plus, I went to the management office
: : yesterday, but the manager said they have nothing to do with me. If my 
: : roommate wants me out, I am out!

: But only if they follow the process...

: : Sorry, one more question. You say I can withhold the last month's
: : rent if she doesn't return my deposit. Is there any penalty for that?
: : Thanks again! Really...

: It's mot "legal" or "illegal" to withhold rent; but it may be
: prohibited by a lease. If you do it, the landlord (or prime tenant here)
: has cause to come after you for that rent, but it is mitigated if they
: have the security money; i.e., they must establish economic damages.


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