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tenant vs roommate rights

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Dimear

Junior Member
I have lived in my apartment in Mountain View, CA for 4 years. When I first moved in, I signed a 1 year lease (with one other co-tenant). When it expired, I didn't renew the lease, but kept paying the rent to the landlord each month. It's been going on like this for 3 years. I don't think the original lease had a clause to support this, but it's been working well on a verbal trust.

2.5 years ago, I found 2 roommates to share the apartment with me (after the original co-tenent had left). They pay their share of the rent to me, and I pay the landlord. Everything's been going well until I told them that in 6 months, I would like for them to move out. I'm getting married in 6 months, and would like to live here with my wife. However, they don't want to leave.

In their opinion, I have no right to ask them to leave. There is no lease, so they each have equal right to this apartment as I do. If there had been a new lease, they would have been on it.

In my opinion, I have seniority in this apartment. The last legal document relating to this apartment has my name on it. I've been here 1.5 years longer than they have. Though it is informal, I see myself as a tenant and them as sub-tenants.

If the landlord didn't want to get involved, is there any way to resolve this issue cleanly? Do either of us have a legal foot to stand on? Is the old lease still valid? Does senority matter? Am I a jerk for asking them to leave? Any advice would be appreciated. Thanks.
 


HomeGuru

Senior Member
The old written lease is no longer valid although the terms and conditions still apply on your m/m verbal lease. The other tenants are subtenants and have lesser rights than you do.
 

Dimear

Junior Member
sub-lease?

If I am the tenant and they are sub-tenants, then I assume that I'm sub-leasing rooms of the apartment to them while I'm living here. Does this sub-lease need to be written to be valid? Do you know where I would go to find a typical sub-lease document? My roommates may ask for a written lease, and I don't want to change the original lease to put their names on it as tenants. Is there a way to legally document their status as sub-tenants? Thanks.
 

HomeGuru

Senior Member
The tenants cancelled checks paid to you or cash receipts from you is prima facie evidence that they are subtenants of yours. Otherwise they would be paying the landlord their rent directly. You have no obligation to give them a written lease.
 

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