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Question about being a M2M tenant

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Question about being a M2M tenant

Postby nick73 » Mon Jan 12, 2015 11:49 am

I've been a m2m tenant in a private building since 2007, with no lease. My roommate is a friend of the landlord (he was in the apartment first, I found the share off Craigslist), but in the past few years my roommate has been getting increasingly mentally ill/hostile to live with. If he asks the landlord to evict me, what kind of protections do I have? We both pay the landlord our half of the rent separately, and I've always paid on time and been a good tenant. This guy is a freaking nightmare, but I am unable to move due to financial reasons at this time. Thanks for any advice you can give. (My roommate isn't doing anything overtly over the top nuts that I can document, it's been more verbal craziness. I plan to move as soon as I can, but that isn't until fall at the earliest.)
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Re: Question about being a M2M tenant

Postby TenantNet » Mon Jan 12, 2015 12:38 pm

We have info on M2M tenants on the Reference section of the forum. You have little rights.

It depends on if you are defined as a co-tenant, roommate of the primary tenant, or subtenant. From your description, as you pay rent separately, I would say you are a co-tenant, so as you rent directly from the LL, I would say your roommate would not have legal standing to seek your ouster. (just as you coudn't see his).

Howver the LL can proceed. The effective difference really results in how you would be served with written notice and how a case against you would be commenced if the roomate or the LL seek to evict you. If the LL wants you out, then it's a matter of time.

One thing that might buy you some time is a claim of retailiation, but you must be able to document a good-faith complaint you have made. See http://tenant.net/Rights/CTRC/ctrcf009.html

You just can't invent something, but if you have registered a complaint, you could raise this defense in a court proceeding.

The other thing to do is to develop a relationship with the LL to the extent you can talk to him about your concerns. Of course that could always backfire, so it's a judgment call.
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