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  1. #1
    EmW Guest

    Question rights of roommate not on lease

    i moved into an apartment-condo (in minnesota) over 3 years ago but was not added to the lease and did not sign anything. however, i pay my share of the rent directly to the landlord-owner of the condo. all agreements (with the roommate) on sharing bills, amenities, etc. was done verbally. this included sharing the one spot in the underground garage - would be rotated on a weekly basis.
    a few months after i had moved in, i started a job that required me to travel out-of-town during the week. so, my roommate, who is on the lease, asked me if she could use the garage spot on a continual basis "since i wasn't really using it". i agreed at the time. however, this fall/winter i no longer was working out of town and informed her (a couple months ago) that i would be sharing the garage spot with her. she finally agreed and we rotated the garage spot on a weekly basis. however, this morning she wrote me a letter stating that she is no longer willing to share the garage spot and if i don't agree to that stipulation i can consider this my 2-month notice for moving out.

    my questions are...
    is there any way i can force her to honor her original agreement on sharing the garage spot... and stay in the condo?
    does she have the right to kick me out of the apartment? or can this only be done by the landlord? does there have to be "just cause"? what happens if i don't move out? isn't there a law in minnesota that prevents evictions during the winter?
  2. #2
    happy&lucky Guest
    NO.....you have NOTHING in writing so she is being MORE then fair to give you a 60 day notice.

    She could have given you a 30 day notice to move out!

    Thats what you get with NO LEASE, and NOTHING in writing.... a 30 day notice is all that is required (unless you paid 2 months security or last months rent then its 60 days).... in all 50 states.

    I guess you will learn a very expensive lesson in LIFE SKILLS!
  3. #3
    HomeGuru is offline Senior Member
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    [QUOTE]Originally posted by happy&lucky
    [B]NO.....you have NOTHING in writing so she is being MORE then fair to give you a 60 day notice.

    She could have given you a 30 day notice to move out!

    Thats what you get with NO LEASE, and NOTHING in writing.... a 30 day notice is all that is required

    A: happy, the writer stated that rent is paid directly to the landlord which in this case creates a month-to-month co-tenancy relationship with the roommate. This relationship can be construed as tenancy directly between the writer and the landlord as opposed to a tenant/sub-tenant agreement between roommates.
    So the owner of the condo apartment unit is the landlord of the writer and not the roommate. Notice of m/m lease termination must come from the landlord/owner.
    ********


    (unless you paid 2 months security or last months rent then its 60 days).... in all 50 states.

    A: happy, once again you make up your own landlord/tenant laws.
    There are some states where it is against the law to collect more than 1 month of security deposit, thus a landlord cannot collect 2 months of security deposit even if it is called first and last month's rent. Notwithstanding, in some states, the notice to vacate a m/mlease may be 28, 30 or 45 days even if no security deposit was paid.
    So before you continue posting incorrect information, please review the applicable laws.
    Heck you have access to Lexis-Nexis so there should be no excuse for you.
    **********
    I guess you will learn a very expensive lesson in LIFE SKILLS!

    A: happy, you need to learn legal research skills and refrain from making general broadbase statements that cannot be supported by applicable State statutes.
    When you make a statement "in all 50 States", readers will presume that what you have posted applies in all 50 States. You and I both know that you have not researched and confirmed the L/T laws in all 50 States.
    The writers and readers of this website depend on accurate and factual information that can be supported by State statutes, not made up personal guesses and opinions.
    Thank you for your assistance in this matter.
  4. #4
    EmW Guest
    thanks so much for the informative response. i ignored the first response from happy as my initial research disagreed with his statements. i also noticed that several people had disputed his comments in former cases.

    now that i am fairly certain she doesn't have the authority to force me to vacate the apartment, i'm wondering if i have the right enforce our original agreement on the weekly rotation of the parking garage spot. in this aspect, does she have anymore rights than i do since she is the "sole leaseholder" (or at least sole written lease-holder)? if i continue to use the garage past her deadline, can she do anything? if so, what?

    thanks again.

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