My roommate is also my landlord but she is not on the lease as a tenant

[sksalber]

Can a landlord that is not listed on the lease as a tenant live in the property that is leased out to me?

I currently have a lease at a two bedroom condo. My roommate is also the landlord as she owns the property. My roommate and I do not get along and she creates a hostile living environment for me. The lease states that she is the landlord and that I am the tenant, but fails to say that she will be occupying the property. The lease states that the landlord must give me 24 hours notice before entering.

Since the property is leased to me and only me, can I get her kicked out since she is not on the lease as a tenant or an occupant? What is the name of your state (only U.S. law)?

 

[Baranov]

It would depend on the lease. Is it for a room or the entire house?

 

[eridon2002]

did you know she was going to be living there when you signed the lease?

 

[Tayla]

PLease answer the state of residency .

Secondly as someone pointed out, you may carry tenancy for certain areas of the abode.? And ironic as this may sound, Your landlord can kick you out for having someone living in your place without being on the lease, so you are in a weird way , shooting yourself in the foot. Now if that isnt confusing!

 

[sksalber]

This is in Colorado and the lease is for the whole condo.

 

[sksalber]

....and yes I was aware she would be living there when I signed the lease but that was a verbal agreement.

 

[Baranov]

Your information is too skimpy. Does the lease state anything about about utilities and who would be paying or sharing them?
What other clauses in the lease are there than can justify her presence in the condo?

 

[sksalber]

Your information is too skimpy. Does the lease state anything about about utilities and who would be paying or sharing them?
What other clauses in the lease are there than can justify her presence in the condo?

I apologize, I do not have the lease with me right now but, the lease does state that all utilities including water, gas, electric, cable tv, and internet are included in the monthly rent.

As far as clauses justifying her presence, I do not believe there are any. It's a standard lease that I'm pretty sure she just got off of the internet....there's nothing special about it. The lease only mentions her as the landlord, there are the standard landlord responsibilities like repairs and such, there is a place to list addition occupants like family or children...which is filled in with an N/A....it doesn't include her name there. Off the top of my head thats all I can think of.

I can get my lease tomorrow and check responses and provide a more detailed response for you.

Thank you!

 

[Baranov]

It looks like you may have to take her to court if you want exclusive use of condo. I think a judge may agree that she does not belong there.

 

[BL]

How much exactly is your rent ?

Say 1/2 of a market value ?

The full market value ?

In other words is you rent payment based on a room-mate amount , or full amount ?

That should give you an indication along with your lease of what it's all about .

 

[nextwife]

So lets be clear, did you enter into an agreement to be her roommate in her home? Her furniture and food in the home? Her stuff in her bedroom? Or did you believe she was renting the entire premises ONLY to you for your sole use and represent that she was moving out and would be living elsewhere??

She would not be listed as a tenant in her own home.

 

[sksalber]

So lets be clear, did you enter into an agreement to be her roommate in her home? Her furniture and food in the home? Her stuff in her bedroom? Or did you believe she was renting the entire premises ONLY to you for your sole use and represent that she was moving out and would be living elsewhere??

She would not be listed as a tenant in her own home.

Yes I did enter into an agreement yo be her roommate in her home, she does her furniture there as well as her stuff in her room. I did understand that she was going to be living with me. But, now that she is causing me so much stress and making it that I don't even want to be there, I reviewed the lease and realized she isn't on the lease.

So, what holds up in court. What we agreed on verbally or the contract that we BOTH signed?

My question is, could an argument like me hold up in court according to the lease? Or is it going to be more of a he said she said argument? What really matters legally when it comes down to it?

Thank you

 

[ecmst12]

Since she's been living there the whole time it's obvious that you agreed to having her as your roommate. If she won't let you out of the lease you will have to wait until it's up.